In most divorces, both spouses are aware that the marriage is ending and they decide what process they will use to reach an agreement, such as using mediation or the collaborative process. In other divorces, however, there has not been a meeting of the minds. While one spouse has been contemplating ending the marriage for months or even years, the other spouse seems to have no idea how bad things have gotten and your spouse doesn’t want to end the marriage.
I hear about these situations quite often. Let’s say it’s the wife who wants the divorce and she feels she has tried repeatedly to get her husband to work with her to resolve the problems in the marriage. For whatever reason, nothing has changed and the wife is now ready to do whatever she needs to do to get out of her unhappy marriage.
Perhaps she was referred to an attorney who represented a friend in her divorce. And the attorney tells her that she can start a court action, have the husband served with a Summons with Notice in an Action for Divorce and he will then have no choice but to deal with the situation.