There are occasions when one spouse wants to divorce while the other would rather not. Is there anything that these people can do? At first, it can seem as if a contentious divorce will result, because, after all, it is hard to force someone to stay married.
Surprisingly, there are ways to compromise. Who knows, perhaps the aggrieved person just needs some time alone. This fact does not mean there has to be a total dissolution of the marriage.
Here are three ways to break up without ending the marriage contract in a contentious divorce.
- Obtain a Legal Separation
It is quite possible to physically separate while still maintaining the marriage. A legal separation has the benefit of appeasing both members to a degree.
Legally the two remain bound by the marriage contact. This means such things as child rearing could be a joint responsibility. On the other hand, the two do not have to live together, which is usually the source of many problems.
- Live Together, Yet Separately
A few comedy movies about battlefield divorces have featured this living arrangement. While humorous on the screen, living together, yet separately, is a serious situation.
This option is best for those with a rather large house. A small apartment will result in the two estranged members running onto one another constantly. With enough space in between the spouses, it can be almost like living alone.
- Get a Collaborative Divorce
Sometimes an actual divorce is the only seeming possibility. Yet, things do not have to be contentious. The one wanting to stay married can have their dignity respected through mediation.
The collaborative divorce can help avoid lingering animosity. Family law attorneys work out a settlement that respects the interests of both spouses, as much as possible
The one who did not want to leave will have to accept the split, but their feelings can be spared any further harm. Meanwhile, the party wanting to initiate the divide gets what they want as well, without much dramatics.
Hiring a Family Law Attorney
It is always best to hire a family law attorney before attempting to amend the terms of a marriage. This legal expert can ensure that the arrangement meets the standards of the jurisdiction in which the couple lives.
It is also wise to have an attorney draft the new terms. Neither person in the marriage will be happy if they, in the end, perceive the other person has taken advantage of them. Legal representation is the key to preventing the breakup from becoming the source of major problems in the future.