QUESTION
What can I do if I want a divorce and my husband does not?
Asked on Nov 20th, 2012 on Divorce - California
More details to this question:
I am extremely unhappy in my marriage. Me and my children walk on eggshells not to make him angry. He is like a roller coasters ride and I can't handle it. He get so mad when he rages he blackout. I don't work because I stay home mom. He uses that against me. What right do I have. I feel like I m getting. The short end of the stick. I just want out of the marriage and don't want to lose everything at the same time.
12 ANSWERS
You may obtain a dissolution without the consent of the other party. You should consult your local women's crisis center to help you with a plan to get to safety. Once there you should consult a family law attorney or facilitator to help you get restraining and support orders. ed.
Answered on Nov 22nd, 2012 at 1:52 PM
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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In California, which is a no fault state, if either spouse wants a divorce, the court will grant a divorce. This is true even if one spouse wants a legal separation.
Answered on Nov 22nd, 2012 at 1:51 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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It's easier if he cooperates but you can get divorced without his cooperation. See an attorney.
Answered on Nov 21st, 2012 at 5:22 PM
You need to make a choice. What is most important to you. Then do it.
Answered on Nov 21st, 2012 at 5:22 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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It is your choice to go hire an attorney to file a divorce. You will have to get a job, and an attorney costs about 3500 and up just to retain in my area for a contested divorce. You will need a lot of money. The court is obligated to enter a divorce if one party testifies that the marriage is over.
Answered on Nov 21st, 2012 at 5:21 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If you want a divorce, no-one can stop you. You should consult with an attorney in order to best determine your potential rights and options and answer whatever questions you might have.
Answered on Nov 21st, 2012 at 5:21 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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If you and children feel in danger during his rages you should file a request for a restraining order. You can also file for divorce. If you have no place to go you may be able to obtain a kick out order which orders husband out of the house until there is a hearing. You should consult an attorney.
Answered on Nov 21st, 2012 at 5:20 PM
In California, a no fault divorce state, all you have to do is sign papers stating that there are irreconcilable differences in your marriage in order to get a divorce. You don't need your husband's cooperation and the courts will ensure that you get an equal division of the community property. You can also get restraining orders. First, go to the self help window at your courthouse for some assistance. Then, if you need it, schedule an appointment with an attorney to see if it can be arranged for your husband to pay at least some of the needed attorney fees for the divorce.
Answered on Nov 21st, 2012 at 1:10 PM
Suzanne H. Lombardi
In Alaska if one person wants a divorce then they can file whether the other person wants it or not. Alaska is a no fault state meaning that there need not be a cause for divorce. In order for you to get support and all you are entitled to from the divorce it would be in your best interests to hire an attorney.
Answered on Nov 21st, 2012 at 12:36 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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If you are in Colorado, no-fault divorce law means that there is nothing your husband can do legally to prevent you from asking for and getting a divorce. You should contact an attorney for at least an initial consultation to educate you about the general legal principles that will be followed if your husband is not willing to work out an equitable financial settlement and parenting plan.
Answered on Nov 21st, 2012 at 12:35 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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In Michigan, either party can file for divorce and obtain a final judgment. An equitable division of all marital property will be made and you would also be awarded child support, other child related expenses and potentially spousal support. You should talk to an attorney to discuss your issues and expectations further.
Answered on Nov 21st, 2012 at 12:06 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Start looking for a job and file for divorce. The court will tell you to look for work anyway. That will give you some money to help you keep going until the court sets a support hearing. Consult with an attorney your husband can be ordered to contribute towards your attorney fees. If he turns violent file for a restraining order and get him kicked out of the house.
Answered on Nov 21st, 2012 at 12:05 PM