QUESTION
What can a husband do if the wife doesn't want to give him a divorce?
Asked on Oct 18th, 2012 on Divorce - California
More details to this question:
This couple got married this year the husband took out divorce papers and the wife will not sign. They have two kids together but he wants a divorce and his wife will not give him one what should he do?
12 ANSWERS
Steven D. Dunnings
He can get a divorce, but it sounds as if he should hire an attorney if a question such as this needs to be asked.
Answered on Oct 22nd, 2012 at 11:25 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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He needs to file for divorce and have the court order it.
Answered on Oct 22nd, 2012 at 10:12 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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In Colorado one spouse can file for divorce and there is nothing that requires signature or consent of the other party. When the Petition is filed it must be served (i.e. delivered in person) to the other party, but there is nothing he/she has to sign.
Answered on Oct 19th, 2012 at 9:52 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You do not need the wife to "give" you a divorce. She does not have to agree to anything, but then the court will need to decide all of the issues, including whether the divorce should be entered. Hire an attorney.
Answered on Oct 19th, 2012 at 7:13 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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He needs to consult with an attorney. In Florida, if he wants a divorce, there is no way that she can stop him. She doesn't have to sign anything if the process is done properly.
Answered on Oct 19th, 2012 at 7:08 PM
Indiana is a no fault state. All the husband has to do is request a final hearing. The judge will divide the marital estate and decide custody issues. The wife doesn't have to agree.
Answered on Oct 19th, 2012 at 6:19 PM
Family Attorney serving Seattle, WA
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The Law Office of Kate M. Forrest, PLLC
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Dissolution of marriage in Washington does not require agreement. The only thing that is required is that one party state that the marriage is "irretrievably broken." If the other party doesn't think that's true, the court might delay entry of judgment and refer the case to mediation, but it can't force you to stay married. If you don't agree on the terms of the dissolution, the court will be responsible for making a just and equitable division of assets and debts and ordering a parenting plan and child support. It sounds like the husband may have already filed, in which case he should carefully read any documents the court may have issued (e.g., some counties set case schedules) as well as the state and local rules. If the wife is properly served (by someone other than the husband) and then refuses to participate entirely, she may be in default, and the case could proceed without her objections.
Answered on Oct 19th, 2012 at 6:07 PM
The wife doesn't have to agree to the divorce, but she cannot stop it from happening. If there isn't an agreement on all of the issues, ultimately a judge will make the decision on how assets, debts and children are divided, and what support obligations there might be.
Answered on Oct 19th, 2012 at 6:04 PM
Wife does not have to sign anything. so long as she was served with the papers for divorce, husband can proceed through the case on a finding of irreconcilable differences to a judgment. He does need to make sure she has been properly served with the papers and then go to the self help desk at the court house in your county to move forward from there.
Answered on Oct 19th, 2012 at 6:03 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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She can't stop him getting a divorce in CA.
Answered on Oct 19th, 2012 at 6:02 PM
You do not need the cooperation of the other spouse to get a dissolution. You need only serve that person with the petition and other required documents. You should consult a family law attorney or facilitator to assist you.
Answered on Oct 19th, 2012 at 5:43 PM
Family Law Attorney serving San Rafael, CA
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Warren Law Group PC
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I have no idea what papers you are asking her to sign but you do not need her signature. Just file for divorce, serve her with the papers, and she shows up in court (or you get a default). Hire an attorney for this because she sounds like she is not going quietly.
Answered on Oct 19th, 2012 at 5:30 PM