My wife wants a divorce, and I don’t. We are supposed to start seeing a counselor soon, but she says she doesn’t want to fix the marriage.
At what point should I get a lawyer?
While I am not licensed to practice law in your state, I can give some general guidance on this issue.
Unfortunately, there is no “right” time to retain or seek counsel of an attorney prior to the start of divorce litigation.
If you do not want to divorce your wife, there is no legal benefit to you to hire an attorney and start filing before she does. Please note that there is also no legal benefit or detriment to being either the plaintiff or defendant in divorce litigation.
However, if she continues to refuse to work on your marriage, it may be advisable for you to consult with an attorney licensed in your jurisdiction to appropriately advise you of your rights. That attorney should also inform you on how to adequately protect yourself when and if either of you moves forward with the divorce.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.