QUESTION
What can I do if my husband refuses to give me divorce?
Asked on Feb 25th, 2013 on Divorce - Michigan
More details to this question:
I filed for divorce from my husband who was incarcerated. He has been incarcerated for the past three years and we have not been together. We have two children together. Our youngest son will be 5 in October. He will not give me a divorce. What can I do?
11 ANSWERS
Criminal Defense Attorney serving Vancouver, WA
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Jeff Holmes, Attorney at Law
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Washington is a no fault state. You can still file for divorce and receive a divorce even if he does not want to cooperate.
Answered on Feb 26th, 2013 at 11:27 PM
Divorce & Separation Attorney serving Jackson, MS
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Springer Law Office PLLC
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In Mississippi you can still have a divorce granted. Being sentenced to prison is a ground for divorce in Mississippi.
Answered on Feb 26th, 2013 at 3:40 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 the court will grant it after service on the other party and further procedures. Consult with an attorney to discuss this process further along with what you can expect.
Answered on Feb 26th, 2013 at 3:39 PM
John Arthur Smitten
It only takes one person to get the divorce. Just set your hearing with the court.
Answered on Feb 26th, 2013 at 2:40 PM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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You do not need to obtain his consent to obtain a divorce but you will need to serve him with the divorce papers so that he has notice. Please contact an attorney for further instructions.
Answered on Feb 26th, 2013 at 2:40 PM
If you are a resident of IL you do not need his signature based upon the time that you have been separated.
Answered on Feb 26th, 2013 at 2:40 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 refuse to give you a divorce. If you had him properly served and he didn't respond, file for a default hearing. Check your local rules re. requirements.
Answered on Feb 26th, 2013 at 2:39 PM
If you filed in Arizona, he does not have to "give" you a divorce, you can have a divorce granted over his objection. I recommend you consult with an attorney to discuss this matter in greater detail.
Answered on Feb 26th, 2013 at 2:38 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You can still petition the Court for a divorce and unless he has a good reason why it shouldn't be granted he can't force you to stay married to him.
Answered on Feb 26th, 2013 at 2:35 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Go to trial and get the divorce. The court can grant the divorce without your husband's signature.
Answered on Feb 26th, 2013 at 2:35 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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File anyway, he has no choice in the matter.
Answered on Feb 26th, 2013 at 2:30 PM