How to Divorce When He Keeps Begging You to Stay
If you are considering a divorce from your partner, you have much in common with many Americans. Almost 50 percent of U.S. marriages result in divorce, according to the National Institutes of Health. If both spouses wish to divorce and agree on the terms, the state family law court may be able to grant an uncontested divorce. However, if you would like to get a divorce but your husband wants to stay married, you may need to go through the process for a contested divorce.
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Things You'll Need
- State family law court forms
- Financial information and related documents
Instructions
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Evaluate your personal safety immediately if your husband keeps begging you to stay in your marriage but you wish to leave. Contact law enforcement or another resource such as the National Domestic Violence Hotline at 800-799-7233 if you have concerns about your safety or the safety of your children. Remember that domestic violence can take on many forms, including physical, emotional or financial abuse.
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Learn about the divorce grounds recognized by your state in a contested divorce, including no-fault or fault divorce, even when your husband does not agree. Recognize the divorce grounds relevant to your personal situation, such as an irretrievably broken marriage, adultery, desertion or habitual intoxication.
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Identify the appropriate court where you can file for divorce. Ensure that either you or your husband meet the residency requirements for you to file a divorce petition with the family law court located in a particular county. Learn about the contested divorce procedures required by the local court and gather the relevant family law forms used by the court.
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Prepare the family law petition to start your divorce proceedings by using the required state forms and filling in the requested information about yourself, your husband and any minor children you have together. State the reasons for your contested divorce where the forms ask you to identify the divorce grounds. Identify any relevant dates, such as your marriage date and separation date. Gather financial documents showing your income, property and debts for the purposes of spousal support, child support support and property division, and complete any necessary financial forms related to your divorce petition.
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Follow the local court procedures to file your divorce petition and pay any relevant filing fees. Serve a copy of the divorce petition on your husband using any method recognized under your state's laws. Continue with the next steps required by your state to complete the divorce, including participation in any mandatory mediation sessions with your husband and attendance at all scheduled court hearings, until you receive a final divorce judgment from the court.
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Tips & Warnings
Consider hiring an attorney who is familiar with the divorce laws in your state, as contested divorces can be complicated and time-consuming.
Seek assistance from a nearby legal aid office or nonprofit organization if you cannot afford a private attorney but need help with your divorce case.
Review state-specific divorce information released by your state bar association as a public resource.
Follow the divorce procedures specifically required by your state and local courts, as each U.S. state has its own laws regarding divorce and domestic relations.
Consider your personal safety at all times if you suspect that your husband will engage in domestic violence when he becomes emotional about the impending divorce.
References
- State Bar of Georgia: Divorce
- National Domestic Violence Hotline: Am I Being Abused?
- California Courts Self-Help Center: Help Me Figure Out Where To File For My Divorce
- California Courts Self-Help Center: Instructions for Petition (Family Law), Form FL-100
- Utah State Courts: Getting a Divorce in Utah
Resources
- Photo Credit Stockbroker/Valueline/Getty Images
