Wondering what to do when your spouse wants a divorce?
Unfortunately, not all marriages work out.
A time may come when your spouse asks you for a divorce. The divorce may be something expected or may completely take you by surprise.
You may ask yourself what to do when your spouse wants a divorce. What steps do you need to take during this process to ensure your rights and best interests get met?
You may also think, “I don’t want a divorce,” so what can I do?
What follows is a guide to what you can do when your spouse asks for a divorce. You will find advice on steps you can take to reconcile your marriage.
Let’s get started.
First off, there are a few things you should not do if you wish to try to reconcile your relationship.
It would be best if you did not do things that could make the process more difficult for you.
These DO NOTs include:
When your spouse asks you for a divorce, the best thing you can do is give them their space. You risk convincing them that a divorce is the right course of action if you put yourself in a negative light.
Now let’s look at what to do when your spouse wants a divorce.
If, in the end, your spouse still wants a divorce, you want to maintain a positive relationship with them.
If your wife wants a divorce, give her the space she needs and respect her wishes. Taking positive action during this time will benefit you both.
Self-care will help you get through the process if a divorce is a decision you both make.
It would be best to ask yourself some questions when your spouse asks you for a divorce. Your answers can help you to process what to do next.
These are vital questions when deciding what to do when your spouse wants a divorce. Putting your thoughts and emotions in writing can help work out the problems. You may also find it beneficial to write your answers down and journal your thoughts.
What if I don’t want a divorce?
If your spouse wants a divorce, that is not always the end of the marriage. Some options may help you and your spouse fix your problems and repair your relationship.
One of the first options to do when your spouse wants a divorce is to seek marriage counseling. Even reading relationship books can help you both work through your problems together.
Couples therapy and marriage counseling are reasonable first steps to saving your marriage. Many couples enjoy having a neutral party to speak about their problems. You and your spouse can discuss issues and get actions you can take to save your marriage.
You and your spouse can also attend therapy apart from one another. This step helps if there are issues that one of you is not comfortable talking about when the other is present. Again, having a safe space to talk about what you are going through can be helpful.
Even if counseling does not fix your marriage, you both may get a more positive outlook on the situation. You both may realize the best thing is to move on from the relationship, and therapy can help you heal and move on.
What to do when your spouse wants a divorce?
Remember how this situation will affect your children. Divorces get more complicated when kids get involved.
Children often become sad or confused when the topic of divorce comes up with their parents. A child may blame themselves or try to bargain with their parents to stay together. Making this process as painless as possible for your children is essential.
Knowing what to do when your spouse wants a divorce is essential. You should be aware of your rights during the divorce process. This step includes financial decisions as well as when it comes to the custody of your children.
My wife wants a divorce; what are my rights?
Nevada law states that it is a community property state. That means marital assets and debts accrued during the marriage get split 50-50. Any other investments may be subject to a pre-or postnuptial agreement.
Alimony payments usually get awarded if the couple’s marriage is six years or older.
If there is a difference in incomes, then there may be grounds for alimony to get awarded to one of you. The amount paid depends on several factors, and your attorney can help you navigate this area.
For child custody, Nevada shows no preference between either parent. The goal is for both parents to split custody. But, a parent can seek sole custody if the court deems it in the child’s best interest.
My husband wants a divorce; what are my rights?
You have the same rights as your spouse. Nevada shows no preference when it comes to gender in divorce proceedings.
Alimony can get awarded if you and your spouse have a difference in income. So, if you quit working to raise the kids, you may get maintenance while you seek employment to replace your lost income.
If the marriage is not repairable, you must begin the divorce process.
Understanding the law is what to do when your spouse wants a divorce. Under Nevada law, you both must be residents here for at least six weeks with the intent of remaining in the state.
The court may also order a separation period before the divorce gets finalized. This period can let you and your spouse decide if you want to continue with the divorce or reconcile. You and your spouse will not be able to cohabitate during this period. Temporary custody agreements may get worked out if you have children.
Nevada is a “no-fault” divorce state.
What does this mean?
The spouse filing for a divorce does not need to accuse their partner of any wrongdoing to get the divorce. Irreconcilable differences or incompatibility is enough to file for divorce.
Divorce Mediation is another thing to do when your spouse asks for a divorce. This step allows you to agree on the division of assets, child custody, and other aspects before going to court. Mediation can help speed up the process and avoid difficulties between you and your spouse.
Areas that you and your spouse can discuss during mediation can include:
Marriage Mediation can also help you in making decisions about your divorce.
If you and your spouse cannot agree on everything, then a judge will decide in court. Even if you can’t agree on everything, having some common ground can help when you get to the areas of contention. The easier you can make the process for you and your spouse, the better it will be for you both.
Even if your goal is to reconcile the marriage, consulting a divorce attorney is a good idea. They can walk you through the ramifications of a divorce from a legal perspective. Your attorney can ensure your rights and interests get protected.
An essential step in what to do when your spouse wants a divorce is to seek an exceptional divorce attorney. Our family law legal team has the experience to guide you through this process.
If you cannot salvage your marriage, we can help you get a satisfactory result to move on with your life.