What if My Partner Wants a Divorce and I Don’t?
- kingrowelaw
- Apr 16
- 3 min read
A Guide for Spouses Facing Unwanted Divorce in North Carolina
Divorce is difficult under any circumstance—but it can be especially devastating when it’s not your choice. If your spouse wants to end the marriage and you’re not ready—or you don’t want a divorce at all—you may be feeling confused, betrayed, and powerless.
At King & Rowe, Attorneys at Law, we often hear from clients in Hickory, NC and the surrounding communities who ask: “Can I stop a divorce if I don’t agree?” or “What are my rights if my spouse files for divorce and I still want to work things out?”
This guide is for you. We’ll walk through the law, your rights, and what steps to take next if you’re facing an unwanted divorce in North Carolina.
Can I Stop the Divorce in North Carolina?
Unfortunately, under North Carolina law, you cannot legally stop your spouse from getting a divorce once certain conditions are met.
North Carolina allows for “no-fault divorce” based on one year of separation. This means:
You and your spouse must have lived in separate residences for at least one year; and
At least one of you intended the separation to be permanent.
If these two conditions are satisfied, your spouse can file for absolute divorce—even if you don’t agree. The North Carolina statute governing this process is N.C. Gen. Stat. § 50-6.
You do not have to sign anything or give your permission for the divorce to move forward.
Once your spouse files and serves you, the court can finalize the divorce without your cooperation—so long as procedural requirements are met.
What Are My Legal Rights if I Don’t Want the Divorce?
Even though you can’t prevent the divorce, you do have rights—and they are critical to protect.
Here’s what you can still pursue through the divorce process:
🔹 Equitable Distribution of Property
North Carolina follows the principle of equitable distribution, meaning the court will fairly (though not always equally) divide all marital assets and debts. This includes real estate, retirement accounts, vehicles, and even business interests. Learn more about your property rights under N.C. Gen. Stat. § 50-20.
🔹 Alimony or Post-Separation Support
If you are financially dependent on your spouse, you may be entitled to post-separation support (temporary) or alimony (long-term). Factors include your financial need, marital misconduct, and each party’s earning capacity. The law governing spousal support is N.C. Gen. Stat. § 50-16.3A.
🔹 Child Custody and Support
If you and your spouse have minor children, the court will determine a custody arrangement based on the child’s best interests. You also have the right to request child support. For more information, visit the NC Child Support Services website.
🔹 Participation in Mediation and Settlement
Even in an unwanted divorce, you can participate in mediation or negotiate a separation agreement that protects your interests. These legal agreements can outline custody, property division, and support—even before the divorce is finalized.
This is when it becomes vital to have experienced local attorneys near you to help you reach a favorable outcome.
What Should I Do If I Don’t Want the Divorce?
Here are important steps to take if your spouse wants a divorce and you do not:
1. Speak with an Experienced Divorce Attorney
Consulting with a skilled divorce attorney in Hickory, NC, like those at King & Rowe, Attorneys at Law, ensures your rights are fully protected from day one. We can help you understand what’s negotiable and prepare for what lies ahead.
2. Protect Your Finances
Begin gathering all financial records—bank statements, tax returns, mortgage info, and retirement accounts. This will help with equitable distribution.
3. Evaluate Custody and Support Needs
If you have children, begin considering how you would like parenting time, custody, and support to be structured.
4. Consider Counseling
Though it may not stop the legal process, marriage counseling or individual therapy can help you process this major life transition. It may also play a role in alimony or custody considerations.
You Still Have a Voice—Let Us Help You Use It
At King & Rowe, Attorneys at Law, we understand the pain and confusion that comes with facing a divorce you didn’t ask for. But you don’t have to go through it alone.
We’re here to fight for your rights, provide honest counsel, and guide you through every stage of the legal process. From equitable property division to fair custody terms, our goal is to protect your future with clarity and compassion.
Contact Local Divorce Attorneys in Hickory, NC
📍 King & Rowe, Attorneys at Law 11 East A Street, Newton, North Carolina 28658
📞 828.466.3858
Whether you’re in Newton, Hickory, or anywhere in Catawba County, you can count on our local attorneys to provide skilled representation and a steady hand through a difficult time.
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