As of 2025, 41% of a first marriage could probably end in divorce, as reported by the Centers for Disease Control and Prevention. This rate is influenced by age at marriage, cultural background, educational level, and income.
Do both parties have to agree to a divorce? Indianapolis divorce lawyers say that it depends on your goals. The state of Indiana has no-fault and fault-based divorce options.
A fault-based divorce must have valid grounds for the dissolution of marriage in the eyes of the law, including incurable insanity of one spouse for at least two years, impotence during the marriage, or if either spouse is convicted of a felony.
Meanwhile, a no-fault divorce is based on the irreconcilable differences of the couple, leaving no room for their marriage to be repaired.
This article will go over the best legal strategy for divorce if only one spouse wants it.
Understanding Unilateral Divorce: The Basics
A spouse may experience feelings of anger, confusion, and being betrayed when the other spouse chooses to divorce on a unilateral basis.
A unilateral divorce happens when one spouse decides to get divorced, regardless of the other party’s requests. Each state has a different divorce process, but the procedure usually begins with filing a petition for divorce.
You will need to gather all necessary documents and prepare yourself to negotiate for material properties, child custody, and spousal support. Assert and express your side, even if you do not approve of the divorce.
Legal Rights of Each Spouse in Divorce Proceedings
When a marriage ends, each spouse has legal rights, including the right to request a fair division of all marital assets, which may include separate property, savings, and outstanding debt.
Either you or your hired divorce lawyer will initiate the procedure the moment a case is filed with the court.
If you find yourself in unfavorable circumstances, you can claim alimony.
Make sure that you know your rights to health insurance, retirement benefits, and other financial matters so you can effectively deal with the legal process.
The Role of Children in a One-Sided Divorce
A unilateral divorce becomes even more complicated once children are involved.
Decisions during the divorce proceedings must take the children’s welfare into consideration. Keep in mind that every decision made during the divorce process can have an emotional and psychological impact on the children.
Child custody lawyer Adam Jeffery says that child custody determinations are normally involved in bigger divorce cases. Unmarried parents can legally enforce custody orders, too. Divorcing your ex-spouse can be emotionally stressful for everyone in your family.
The outcome of the divorce should serve your child’s best interests.
To handle child-related issues, both sides need to have open communication. Information must be age-appropriate and clear to reduce any confusion or anxiety.
Both parents must provide a stable environment for their children, regardless of the couple’s feelings toward each other.
Exploring Mediation and Reconciliation Options
In a mediated session, both parties are given the freedom and structure to express their fears and anger in the presence of a neutral mediator.
They must be able to reach an agreement amidst tension.
Modes of reconciliation, together with couples therapy, have been designed to deal with complicated issues that are commonly associated with divorce.
Openness to these approaches is strongly encouraged, as they may prepare for realignment or amicable separation, which can result in a mutually beneficial outcome for both spouses.
Emotional Impacts of Divorce on the Willing and Unwilling Spouse
The emotions involved in the divorce process can be unbearable for both spouses, even with mediation and reconciliation.
Individuals who initiated the divorce and want it to happen may feel guilty about the process. Meanwhile, the unwilling party may be experiencing intense feelings of disbelief and distrust, losing their sense of self-respect.
In any case, both parties will experience grief and uncertainty during the divorce proceedings.
If it is really the end of your marriage, it is important to seek the help of family, friends, and even a therapist.
A divorce lawyer can help you focus on the healing process while also acknowledging your feelings of sadness and grief.