QUESTION
How do I go about filing for a divorce without her approval?
Asked on Aug 26th, 2012 on Divorce - Michigan
More details to this question:
I have been separated from my wife for over two years. I have a restraining order on her. She was very abusive toward me for over 18 years of our 20-year marriage.
27 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Hire an experienced divorce attorney.
Answered on Jun 13th, 2013 at 2:35 AM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Hire an attorney.
Answered on Jun 13th, 2013 at 2:35 AM
Steven D. Dunnings
Hire an attorney.
Answered on May 29th, 2013 at 10:33 PM
Hire a lawyer and file the case.
Answered on May 29th, 2013 at 10:33 PM
Family Law Attorney serving Calabasas, CA
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Shulman Family Law Group
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California is a no fault divorce state. You can file and get divorced without her even participating in the process after she is personally served.
Answered on Sep 06th, 2012 at 3:19 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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You don't need the other spouse's approval to file for divorce. It is a dissolution where you need agreement.
Answered on Sep 04th, 2012 at 12:08 PM
James Albert Bordonaro
You can file a petition at any time without your spouse's approval.
Answered on Sep 03rd, 2012 at 12:54 PM
You don't need her approval to file for divorce. Get the forms. Complete them. file them with the court. Have a process server serve your wife with the papers. she will then have 30 days within which to respond. If she does not respond within 30 days you can file to take her default and get a judgment.
Answered on Sep 03rd, 2012 at 12:46 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You need to get the forms and fill them out, then take them to the court and pay the filing fee. She will have to be served with the papers. You may need a lawyer.
Answered on Sep 03rd, 2012 at 11:59 AM
Dennis P. Mikko
Prepare a summons and complaint and file them with the clerk of the court and pay the appropriate filing fee. Michigan is a no-fault divorce state and you do not need her approval to get divorced.
Answered on Aug 31st, 2012 at 11:19 PM
You do not need her approval or permission to file for divorce.
Answered on Aug 31st, 2012 at 11:19 PM
1 Award
You simply need to file a petition for divorce and have her served. You do not need her approval or consent to move forward with your action for divorce.
Answered on Aug 31st, 2012 at 9:44 PM
Leonard A. Kaanta
You file complaint for divorce and serve her with it.
Answered on Aug 31st, 2012 at 9:28 PM
You may file for disssolution anytime that you have residency in the county where you live, at least 3 months. You do not need your spouse's approval or participation. You just need to be able to serve her with the paperwork. You should consult a family law attorney or facilitator to assist you with the necessary forms.
Answered on Aug 31st, 2012 at 3:03 PM
Theodora B. Fader
You do not need your spouse's approval to file for divorce. However, you should consult with an attorney before you proceed.
Answered on Aug 31st, 2012 at 3:00 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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You don't need her approval. Draft your petition and file it. Have someone serve her. Proceed and finalize your divorce. She doesn't ever have to cooperate.
Answered on Aug 31st, 2012 at 2:54 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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You just file a petition for divorce, and when you do, ask the clerk to issue a citation and have her served with the petition. It's usually better if you use a lawyer. Call legal aid if you can't pay and maybe they'll help. Good luck.
Answered on Aug 31st, 2012 at 2:54 PM
Car Accidents Attorney serving Milwaukee, WI
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Velez, Moreno & Vargas, LLC
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Wisconsin does not require approval from your spouse to obtain a divorce.
Answered on Aug 31st, 2012 at 2:51 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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She cannot stop you from getting divorced if you want a divorce. You would just need to file for divorce and have her served properly with the papers. You should consult with an attorney to assist you in determining any potential issues that might arise, as well as your potential rights and options under Florida law.
Answered on Aug 31st, 2012 at 12:22 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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In Colorado you do not need your wife's consent or approval to ask for the marriage to be dissolved. No fault divorce means that it is virtually impossible for one spouse to prevent a divorce and the only arguments that need to be addressed pertain to money and children.
Answered on Aug 31st, 2012 at 12:16 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Hire an attorney to file a divorce. You do not need her approval to file for divorce. It will cost a lot less if you can both agree upon everything.
Answered on Aug 30th, 2012 at 11:15 PM
You do not need her permission to file. In Nevada, a common grounds for divorce is incompatibility in marriage, and it only takes one party to determine whether he/she is incompatible.
Answered on Aug 30th, 2012 at 11:15 PM
You do not need her approval to file for divorce. You can file the action and have her served, and then it is her responsibility to file a response if she wants to challenge any aspect of what you are requesting. I recommend you consult with an attorney to discuss your options.
Answered on Aug 30th, 2012 at 1:22 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You do not need her approval to file for divorce. You need to consult an attorney for the procedure.
Answered on Aug 30th, 2012 at 1:13 PM
Consult a family law attorney and file a complaint for divorce. You do not need the approval of the other party to do that.
Answered on Aug 30th, 2012 at 12:18 PM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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You do not need approval from a spouse to file for divorce. Just go to your local family courthouse and file.
Answered on Aug 30th, 2012 at 12:17 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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Get a lawyer or do it yourself. The local law library may be of some DIY help. However, court clerks cannot help you as they are legally prohibited from giving any legal advice or assistance.
Answered on Aug 30th, 2012 at 12:08 PM