QUESTION
What can happen if my spouse refuses to give me a divorce?
Asked on Apr 03rd, 2013 on Divorce - New Jersey
More details to this question:
I've been married for 20 years and desperate for 10 years. I've been trying to get divorce. I have documentation the he tried to kill me and I suffer several physical abuse and sexual abuse to the point that I tried to kill myself several times. We have two kids, 20 and 21 years old. No property. He's been living with another woman and her kids for the last 2 years. How difficult is it to get a divorce in my situation?
17 ANSWERS
John Arthur Smitten
She cannot refuse. It only takes one party to get a divorce.
Answered on Apr 04th, 2013 at 2:33 PM
We can get you divorced without his signature, which is not required in IL based upon your grounds for divorce.
Answered on Apr 04th, 2013 at 2:26 PM
2 Awards
You can get a divorce. Go talk to an attorney.
Answered on Apr 04th, 2013 at 2:26 PM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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The grounds for a dissolution of marriage in Arizona is that your marriage is irretrievably broken, with no prospect of reconciliation. Your spouse cannot prevent you from obtaining a divorce, however, he can obviously make it difficult and unpleasant. You should speak with an experienced family law attorney to discuss your matter.
Answered on Apr 04th, 2013 at 2:26 PM
In general, it is relatively easy to get a divorce; in Utah the utcourts.govwebsite provides a lot of the resources you need to do one yourself, or you can hire an attorney for a relatively low fee to do a divorce as simple as yours seems to be. You should be able to get a divorce without your husband's cooperation or consent. The first step in getting a divorce is filing a 'petition', which means a document that you give to the court which says that you want a divorce from your spouse. This position will be delivered to your husband by a person who is not involved in the case. This will put your husband on legal notice that a divorce proceeding is beginning. Once this has occurred, the court will begin setting hearing dates to help your divorce move forward; your husband will receive notice of these dates in the mail. If he does not show up, you will eventually be able to enter what's called a 'default' against him. This is the court's way of saying that even though your husband isn't there, the divorce is finalized.
Answered on Apr 04th, 2013 at 2:25 PM
Administrative Law Attorney serving Winter Garden, FL
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Channell Law Firm, P.A.
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File on him. If he does not answer, you can get a default.
Answered on Apr 04th, 2013 at 1:57 AM
You need assistance with restraining orders and dissolution. His refusal is irrelevant. You are entitled to get a dissolution if you want one. You should consult a family law attorney and a domestic violence group for assistance
Answered on Apr 03rd, 2013 at 5:16 PM
Washington is a no fault divorce state. It is very easy to get a divorce. The complicated part is how the assets will be split.
Answered on Apr 03rd, 2013 at 5:15 PM
Your spouse cannot refuse to grant a divorce. In California, so long as one of the parties is willing to swear that there are irreconcilable differences, the divorce will be granted. All a person has to do is file and serve divorce initiating papers in order to give the court the power to grant a divorce
Answered on Apr 03rd, 2013 at 5:14 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Its not difficult to divorce him..and it can happen over his objections. Michigan is a nofault divorce state and even if it was not it sounds like you have lots of fault to force a divorce.
Answered on Apr 03rd, 2013 at 5:14 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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He can't stop you getting a divorce. You should get alimony and ask for him to pay your attorney fees.
Answered on Apr 03rd, 2013 at 5:14 PM
Immigration Attorney serving Madison, WI
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Wren & Gateways Law Group, LLC
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If you're in Wisconsin, your spouse does not need to consent to a divorce. It is just a matter of going through the steps and waiting the required amount of time.
Answered on Apr 03rd, 2013 at 5:13 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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You don't have to prove any bad action to get a divorce in California, so it is easy to get a divorce.
Answered on Apr 03rd, 2013 at 5:11 PM
Theodora B. Fader
It should be quite easy to get a divorce if there is no property and there are no minor children, especially if you know where your spouse can be found to be served with the paperwork.
Answered on Apr 03rd, 2013 at 5:11 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Normally you do not need permission to file. He may try to delay but if separated for over 6 months, I do not see what his argument would be to delay further.
Answered on Apr 03rd, 2013 at 5:11 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Your spouse can not refuse to divorce you. Once you file, and your spouse is properly served, the court considers the divorce all but a done deal. The court then turns its focus to the orderly division of the parties assets and liabilities, and to that which is in the best interest of their children.
Answered on Apr 03rd, 2013 at 5:10 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Hire an attorney and file, in Michigan it is no fault and you will be granted a divorce with or without his agreement or cooperation.
Answered on Apr 03rd, 2013 at 5:10 PM