Skip to content

My Spouse Wants a Divorce. I Don’t. What Can I Do?

In some marriages, the desire to divorce is mutual for both parties. However, this is not always the case; sometimes, one spouse is not quite ready to give up fighting for a failing marriage. And it is a noble idea, to fight for love ”“ what do you do if your spouse wants a divorce, but you don’t?

We can only speak to the legal side of things. Under the law, if one spouse wants a divorce, he or she is going to get it. In Colorado, all that needs to be done for a court to dissolve a marriage is to prove that the marriage is “irretrievably broken” and can never recover. This assertion can be proved by the requesting spouse’s testimony alone, if necessary. The bottom line is: A judge is not going to force a spouse who wants a divorce to remain in a marriage.

Can I Save My Marriage in Divorce Proceedings?

There may be a chance for you to save your marriage, but the courts will not order a reconciliation. A Colorado statute does allow you to file an answer objecting to the divorce and to ask for a judge to suggest counseling that can potentially save your marriage, but the counseling cannot be court-ordered; it is up to you to seek it independently. After filing for divorce, there is a mandatory 90-day waiting period before a divorce decree can be issued. In reality, it will likely take over 90 days for discovery and draft a settlement agreement. So you have a minimum of 90 days to try to mend things with your spouse.

If your spouse remains adamant about getting divorced after the suggestion of counseling for reconciliation and the 90-day waiting period, unfortunately, there is nothing else that can be done to prevent the divorce. However, you can take steps to ensure that the divorce remains amicable by engaging in processes like mediation to help settle questions of property division, child support, child custody and other outstanding issues.

Our Denver divorce attorneys are committed to helping spouses complete the divorce process in the most painless and cost-efficient way possible.