QUESTION
What can I do if my spouse doesn’t want to cooperate with the divorce?
Asked on Oct 16th, 2012 on Divorce - California
More details to this question:
I am completely dependent on my spouse and I am miserable. When I bring up the possibility of divorce my spouse flies into a rage. I have been followed; my cell phone tracked and my friends have been regularly contacted to find my immediate location. Even when I'm just at the store. I really don't have anywhere to go but I would rather be anywhere but here.
17 ANSWERS
Family Attorney serving Seattle, WA
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The Law Office of Kate M. Forrest, PLLC
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Your spouse does not have to agree for you to file for dissolution (the term for divorce in Washington). 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. You can read more about dissolution here: http://washingtonlawhelp.org/WA/showdocument.cfm/County/%20/City/%20/demoMod e/=%201/Language/1/State/WA/TextOnly/N/ZipCode/%20/LoggedIn/0/doctype/dynami cdoc/ichannelprofileid/14658/idynamicdocid/1757/iorganizationid/1553/itopicI D/862/iProblemCodeID/1320200/iChannelID/7/isubtopicid/1/iproblemcodeid/13202 00 Regarding being dependent on your spouse, you can ask the court for spousal maintenance (commonly referred to as alimony). Unlike child support, there is no automatic entitlement to maintenance, but the court will consider your need and your spouse's ability to pay, the duration and standard of living of the marriage, time needed for you to get education or training to become self-supporting, and other relevant factors. Regarding your spouse flying into a rage and following you, you may want to talk to an advocate about domestic violence protection order or anti-harassment order options. If you're ready to talk about your situation with someone who understands and wants to help, find information specific for your area or statewide here: http://www.wscadv.org/memberprograms.cfm
Answered on Oct 18th, 2012 at 8:29 PM
In the State of Utah, you are entitled to bring a divorce matter, whether or not the spouse agrees to a divorce. If you are in fear of imminent hear, you can obtain a protective Order which will give you a breathing space from him, as he cannot contact you or your family to inquire about you, for if he does he will be in contempt of court and charged with a Misdemeanor. The time away will give you the opportunity to file for divorce, asking for the things you want from out of the marriage, and he doesn't have to agree to anything. If he contests the divorce, I would advise you to obtain an attorney to assist you in the process.
Answered on Oct 18th, 2012 at 7:09 PM
Administrative Law Attorney serving Winter Garden, FL
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Channell Law Firm, P.A.
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You can file for divorce and get a default judgment if he does not answer petition. Contact an attorney to pursue this for you.
Answered on Oct 17th, 2012 at 5:33 PM
You need to contact the local women's crisis center to come up with a plan for escape. Once you are safe, you can then file for restraining orders and dissolution. You should consult a family law attorney or facilitator.
Answered on Oct 17th, 2012 at 5:32 PM
You can still get a divorce and seek spousal maintenance, attorneys' fees, child support (if there are children). There are resource available to you . Good luck
Answered on Oct 17th, 2012 at 5:32 PM
go talk to a family law attorney and get some guidance. there are ways to help you out of this mess.
Answered on Oct 17th, 2012 at 5:32 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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You do not mention children, so I assume this is just for you and your husband. Every city has shelters for abused women. You qualify. Seek out a shelter and they will guide you to a new life. You should also consult a family law attorney Good luck.
Answered on Oct 17th, 2012 at 5:30 PM
Steven D. Dunnings
Hire an attorney and there must be some type of battered woman shelters in your area you can go to.
Answered on Oct 17th, 2012 at 5:29 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You appear to desire a divorce and should engage an attorney. Without further facts and details it is possible to form a further opinion other than your husband appears to be acting inappropriately.
Answered on Oct 17th, 2012 at 5:29 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Hire an attorney, there is no way around it.
Answered on Oct 17th, 2012 at 5:28 PM
4 Awards
In Louisiana it is not necessary to have a spouse's cooperation to get a divorce. It is difficult to pursue a divorce if one is completely economically dependent, but there are statutes in Louisiana that are designed to help dependent spouses. A spouse may be entitled to temporary spousal support, enabling him or her to live to the extent possible, the same way they lived while married, if a payor spouse can afford to pay. If there are liquid (cash) assets the parties own, such as a savings or checking account, a court may award a partial distribution of those funds until the community property is divided, in order to help a spouse set up a household, pay an attorney and other necessities. A dependent spouse seeking a divorce should immediately contact a qualified family law attorney to get the maximum assistance he or she is entitled to under the law.
Answered on Oct 17th, 2012 at 5:28 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You can obtain the divorce without his cooperation. If he isn't willing to cooperate things will be more difficult, but he can't keep you from getting the divorce.
Answered on Oct 17th, 2012 at 5:28 PM
Family Law Attorney serving San Rafael, CA
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Warren Law Group PC
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Addressing your legal question, in California you do not need your spouse to cooperate with a divorce. Just file it, serve her the papers, and the court will do as you ask (subject to proper determination of assets and debts of course). You may also need a restraining order against your spouse or those whom you believe to be tracking you.
Answered on Oct 17th, 2012 at 5:27 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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Legally you don't need your spouse's cooperation to get a divorce, but of course knowing that doesn't get you very far toward where you want to go. You should see a lawyer legal aid if you can't afford to pay. Good luck.
Answered on Oct 17th, 2012 at 5:27 PM
1 Award
You can file a petition for divorce and request sole use and occupancy of your residence if you do not want to move.
Answered on Oct 17th, 2012 at 5:26 PM
Divorce for Men Attorney serving Nutley, NJ
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The Micklin Law Group, LLC
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He can not stop you from getting divorced. There is nothing he can do to prevent you from getting divorced. Additionally, you may want to seek a restraining order to prevent the stalking.
Answered on Oct 17th, 2012 at 5:26 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Your spouse can't stop you getting a divorce. Once you have left if you are being stalked get a restraining order.
Answered on Oct 17th, 2012 at 5:25 PM