QUESTION
Can I still be granted a divorce if the other party is contesting the divorce?
Asked on Dec 25th, 2012 on Divorce - Arizona
23 ANSWERS
Divorce & Separation Attorney serving Baton Rouge, LA
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George E. Downing, Jr. Attorney at Law
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Yes as long as you have met the basic legal requirements.
Answered on Jun 25th, 2013 at 9:59 PM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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Absolutely yes.
Answered on May 28th, 2013 at 1:35 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Yes.
Answered on May 28th, 2013 at 1:35 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Yes. But a better answer would need more information. Does contesting the divorce mean asking the Court not to grant the divorce at all, or does it mean objecting to the other spouse's proposed terms for the divorce? In either case, a spouse can try to object. It's kind of hard to object to the other spouses's saying the marriage is irretrievably broken, since it takes two to tango. But our laws do make provision for it. As always, if you have a court matter, you usually do best by finding a skilled lawyer to represent you.
Answered on Jan 02nd, 2013 at 5:32 AM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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Yes however if you cannot reach agreements on terms such as custody or property division, you will have to go to trial. The judge will make the decision and then enter a decree of dissolution.
Answered on Jan 02nd, 2013 at 5:32 AM
Glen Edward Ashman
Yes, but it will take longer and cost more and you definitely will need a lawyer.
Answered on Jan 02nd, 2013 at 5:31 AM
Divorce & Separation Attorney serving Orange, CA
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Desai Camino, APC
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Yes, even if the other party is unwilling to accept the fact that you want a divorce, the court will still grant you one. This can be done either by default (if the other party fails to respond to the Petition with 30 days) or once the case has been set for trial. A party's failure to cooperate can result in delay but it will not stop you from getting a divorce from court.
Answered on Jan 02nd, 2013 at 5:31 AM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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You cannot be forced to stay married. Either party can say that the marriage has failed and that no amount of time or counseling will mend the marriage. The waiting periods will still apply, but the divorce will eventually be granted.
Answered on Jan 02nd, 2013 at 5:31 AM
Child Custody Attorney serving Ontario, CA
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Law Offices of Sherrie L. Davidson LLC
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California is a no-fault state meaning only one side needs to request it and it will be granted. The main question can be just how long will take to happen and constant litigation can prolong it.
Answered on Jan 02nd, 2013 at 5:30 AM
Yes it can be accomplished. Contested divorces are generally difficult and expensive.
Answered on Jan 02nd, 2013 at 5:29 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You can in Colorado and any other state that follows a "no-fault" rule for divorce. "No-fault" generally means that if one party wants to end the marriage, the other party cannot stop it from happening. In Colorado the only things that can be "contested" involve children and money.
Answered on Jan 02nd, 2013 at 5:28 AM
Divorce is no-fault (irreconcilable differences). That means neither party can contest the divorce, only the 'terms' of the divorce.
Answered on Dec 28th, 2012 at 3:42 PM
Yes, however the matter becomes a little more complicated that way. So I would advise you to obtain counsel to assist you in this matter.
Answered on Dec 28th, 2012 at 3:32 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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He must be "contesting" the property or financial issues; and not the divorce itself. You can get a divorce with or without his consent. However, the division of the property, the liabilities and other financial issues would require a trial if he contests these matters.
Answered on Dec 28th, 2012 at 3:27 PM
Yes, you are entitled to obtain a dissolution whether the other party wants it or not. Once they are served, you can proceed without their cooperation. You should consult a family law attorney or facilitator to assist you with the default judgment procedure.
Answered on Dec 28th, 2012 at 3:18 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington, yes.
Answered on Dec 28th, 2012 at 3:06 PM
Family Law Attorney serving El Cajon, CA
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Law Offices of Sheryl S. Graf
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Absolutely! You do not need the other spouse's consent to a divorce. You are entitled to dissolve your marriage if you choose to do so. The information presented here is general in nature and should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship.
Answered on Dec 28th, 2012 at 2:59 PM
Yes. You can terminate the status of being divorced without the other persons consent. But you will need a court order to divide community property if the other party will not cooperate.
Answered on Dec 28th, 2012 at 2:52 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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Yes. You can resolve all issues during the proceedings. Consult with an attorney to discuss your issues further.
Answered on Dec 28th, 2012 at 2:45 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Probably. It is tough for a person to keep you married if you don't want to be. Far be it from me to know what a judge will do, but I do not think that a judge will keep you married if you don't want to be.
Answered on Dec 28th, 2012 at 2:44 PM
Absolutely. There really is no contesting a change in your status from married to unmarried. The parties can fight about a lot of things. But , in California, once one or the other person is willing to swear under oath that there are irreconcilable differences, a divorce will be granted.
Answered on Dec 28th, 2012 at 2:43 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Yes, you have a right to a divorce.
Answered on Dec 28th, 2012 at 2:43 PM
You can obtain a divorce over the other party's objection. If the court finds that the marriage is "irretrievably broken without reasonable prospect of reconciliation," a divorce will be granted. The other party may be able to delay the proceedings, but he/she cannot stop you from obtaining the divorce.
Answered on Dec 28th, 2012 at 2:42 PM