QUESTION
Can I divorce my husband without his legal consent?
Asked on Feb 21st, 2013 on Divorce - California
More details to this question:
I married my husband in 2010 in California, our first year was very happy until love between us fell apart. We have many differences, for example I want to pursue a career and he just wants to work as a server at his friends restaurant. He doesn't manage his money very well and when he drinks he becomes a mad man. I even moved to Nevada to work hard and save up money for us but he is not trying anything to help out. He preferred to stay in California with his friends than coming out here with me. I've asked him for a divorce several times and he denies it. He wants me to be married with him until he gets approved for the second interview of his residency which is in September 2013. Honestly I don't want to be married with him any longer but at the same time I would like him to be able to get his residency. I don't want to share my future with someone irresponsible. Is there any possible answer that can help both ways?
3 ANSWERS
Family Law Attorney serving Walnut Creek, CA
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Law Office of Jon Rathjen
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California is a "no-fault" state. No consent is required to pursue a dissolution petition. As for husband's immigration status, that involves questions best addressed to immigration counsel.
Answered on Feb 25th, 2013 at 8:13 PM
You need no one's consent to divorce in California. All you have to do is file papers saying that there are irreconcilable differences.
Answered on Feb 25th, 2013 at 8:09 PM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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You should make the decision which works best for you irrespective as to how it might affect him. You do not need his consent to divorce him.
Answered on Feb 25th, 2013 at 8:07 PM