QUESTION

Can my spouse keep me from getting a divorce?

Asked on Sep 24th, 2013 on Divorce - Utah
More details to this question:
We were married 5 months. We nothing together. He said he wonโ€™t sign.
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9 ANSWERS

In Arizona the grounds for a dissolution are that the marriage is irretrievably broken, with no prospect of reconciliation. What you do is file your petition for dissolution and have it served upon him. He can argue about "stuff", but he can only delay the entry of a decree of dissolution.
Answered on Sep 30th, 2013 at 12:57 PM

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In California you can not keep the other party from obtaining a dissolution if they want one. Once served that party can refuse to participate and allow the matter to go by default. You should consult a family law attorney or facilitator about how to obtain a default judgment.
Answered on Sep 26th, 2013 at 2:55 AM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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File as a contested action. He has to sign nothing that way.
Answered on Sep 26th, 2013 at 2:27 AM

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Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
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In Florida, he doesn't have to sign anything and can't stop your divorce. You will need to file and have him served formally with the papers. If he fails to respond, then he can be defaulted and the divorce can proceed. If you are uncertain how to proceed, then you should consult with and retain an attorney in order to have them assist you with the process.
Answered on Sep 25th, 2013 at 12:10 PM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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No, if you do it right you can get a default judgment of divorce.. contact an attorney to do it right.
Answered on Sep 25th, 2013 at 11:56 AM

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Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
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Only one person has to want the divorce for it to happen. You should have your spouse served with the divorce papers and there would be nothing for him to sign.
Answered on Sep 25th, 2013 at 11:49 AM

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Family Law Attorney serving Lincoln, NE
Partner at GordenLaw, LLC
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No, he cannot keep you from receiving a divorce. If he won't sign a voluntary appearance, you can have him served by Sheriff. If you don't know where he is, you can have him served by publication in a newspaper. If he won't sign a settlement agreement, you can go to Court and the Judge can issue a Decree after hearing without his consent. He can make divorce more difficult but he cannot stop it from happening.
Answered on Sep 25th, 2013 at 11:03 AM

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He can slow things down a mite, but no, he can not preclude you from seeking and obtaining a dissolution of your marriage.
Answered on Sep 25th, 2013 at 10:36 AM

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Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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No, if you want a divorce, even if your spouse won't agree to one, you can obtain a divorce on your own. If you file for divorce, the court will grant your divorce once you satisfy all the statutory requirements.
Answered on Sep 25th, 2013 at 9:45 AM

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