QUESTION
How can you get a divorce from someone who is violent and will not consent to it?
Asked on Nov 22nd, 2012 on Divorce - Colorado
More details to this question:
My sister has been in a very abusive marriage and is finally getting out. Her husband is dragging this out just to spite her. He has no desire to raise their children but contests her at every turn citing custody and child support. He had physically and mentally abused my sister for 17 years. They have a 16-year old daughter who wants nothing to with her dad but a 12-year old son who is being brainwashed and warped by his father and used as a pawn. My sister has called the police on numerous occasions as my nephew is in danger when he is with his father but the police do nothing. My brother in law abuses steroids and drinks alcohol and has on many occasions, driven while drunk, with my nephew in the car. What can be done here? She is tapped out financially and these children are endangered each time they are in my brother in laws presence. Any help is appreciated.
11 ANSWERS
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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You can step up and help her get an attorney.
Answered on Apr 26th, 2013 at 5:07 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Call legal aid and see if they would be willing to take on representation.
Answered on Apr 26th, 2013 at 5:06 AM
Steven D. Dunnings
Hire an attorney.
Answered on Apr 26th, 2013 at 5:06 AM
You do not need the consent of the other party to obtain a dissolution. She should obtain the help of the local women's crisis agency to help her make a plan to get to a place of safety. From there she can request restraining orders and start the dissolution. She needs only to be able to serve him to be in the position to obtain the dissolution. She should consult a family law facilitator to assist her with the paperwork.
Answered on Nov 26th, 2012 at 5:12 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Michigan is a no fault divorce state..therefore she cannot be forced to stay married and eventually she will get a divorce. Further, if the children are willing to testify most likely she will eventually get custody. Unfortunately divorces, and divorce attorneys, can be expensive when one spouse does not want the divorce. Regardless she needs an attorney. Hopefully she can force her soon to be ex to pay her fees.
Answered on Nov 26th, 2012 at 4:36 PM
Suggest that she go to her local family law court self help center. She needs to file for Dissolution of Marriage and a Request for Order for exclusive use of the house child support and spousal support. Do it all at the same time.
Answered on Nov 26th, 2012 at 4:35 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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You need to hire an attorney to properly represent your sister and move the divorce proceeding along. He can be required to pay support and expenses along with other marital bills. He may also be required to pay attorney fees.
Answered on Nov 26th, 2012 at 4:33 PM
Michael Paul Vollandt
In California "consent" has nothing to do with it. This is a no fault state and all you need to state is that your have irreconcilable differences.
Answered on Nov 26th, 2012 at 4:32 PM
You don't need consent to get a divorce. simply file your papers,have the other side served and get a hearing date. the court will make orders for support, etc. without the consent of the other side. If you don't know where the other side is, you can apply to the court for an order to serve that person by publication. the court can also grant domestic violence restraining orders without the consent of the other side. But, you have to take action and file some paperwork with the court.
Answered on Nov 26th, 2012 at 4:28 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The only thing I can say is that your sister must hire an attorney to get anything done. Without one, she and the children will lose.
Answered on Nov 26th, 2012 at 4:28 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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In Colorado you do not need consent from the other spouse in order to file for divorce. She needs to consult a lawyer for more detailed information about her options.
Answered on Nov 26th, 2012 at 4:27 PM