QUESTION
Can I divorce my wife if she is not in favor of it?
Asked on Jun 11th, 2015 on Divorce - Florida
More details to this question:
I have one daughter, who lives with my wife. I want to get a divorce on no fault grounds. Can I do this even if my wife is opposed to it? At this point, I am willing to do whatever I have to in order to divorce, and will pay for child support.
14 ANSWERS
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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That would be a yes.
Answered on Aug 28th, 2015 at 8:13 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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In Michigan yes you can get divorced without fault. and without the consent to the divorce of an unwilling spouse It can get expensive but it can be done.
Answered on Jun 11th, 2015 at 5:03 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Yes. In Wisconsin a spouse does not have to agree to a divorce. Since the ground for divorce is that the marriage is 'irretrievably broken,' it's kind of hard for a spouse effectively to disagree. It takes two to tango. It certainly helps if later on in the process the two of you can reach a complete agreement about property, child support, child custody and placement, etc. An experienced divorce lawyer can be of immense help in moving this process along with less stress on you.
Answered on Jun 11th, 2015 at 5:02 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You don't need her agreement to get a divorce, nor is it your willingness that matters for child support. The law requires it.
Answered on Jun 11th, 2015 at 4:58 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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You only need her agreement for an Uncontested Divorce. If she does not agree file for a Contested Divorce.
Answered on Jun 11th, 2015 at 2:35 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, a spouse can file and get a divorce even if the other spouse is not in agreement. Consult with an attorney to discuss all options and possible resolutions.
Answered on Jun 11th, 2015 at 12:50 PM
In order to file for divorce all you have to do is file Petition with the court stating that there are irreconcilable differences between the two of you. The other side does not have to agree to anything. Good luck.
Answered on Jun 11th, 2015 at 12:47 PM
Bruce Provda
Yes you can file for a no fault divorce. if you feel she is going to contest this you should have an attorney.
Answered on Jun 11th, 2015 at 12:31 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Yes, only one spouse needs to desire the divorce. Go ahead and start your court paperwork and get her served.
Answered on Jun 11th, 2015 at 11:51 AM
2 Awards
Yes, you may. Florida is a no fault state and you may commence your divorce action by filing a petition for dissolution of marriage with other ancillary documents and then have your wife served with the filed documents. It would be prudent to consult with a divorce attorney in your area on moving forward with your dissolution of marriage action.
Answered on Jun 11th, 2015 at 11:48 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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In Michigan is not necessary for both parties to agree to divorce. I would suggest you see an attorney, explain your situation and learn your rights and obligations.
Answered on Jun 11th, 2015 at 11:47 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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It only takes one to say it is over. You can move forward.
Answered on Jun 11th, 2015 at 11:47 AM
Eduardo Julio Mejias
Florida does not require "grounds" for a divorce. A family law judge will grant the divorce regardless of the reason you're seeking it, or if your wife opposes it.
Answered on Jun 11th, 2015 at 11:47 AM
Florida is a no-fault divorce State. That means that a spouse can get a divorce even if the other spouse opposes it. If you have a child, you might want to hire an attorney so you can get to see your child regularly and to calculate the proper child support amount to be paid. Good luck.
Answered on Jun 11th, 2015 at 11:26 AM