QUESTION
On what grounds can I get a divorce if my spouse does not agree to divorce me?
Asked on Jun 27th, 2011 on Child Custody - Minnesota
More details to this question:
What are the legal grounds to get a divorce from my husband who has mental problems if he refuses to divorce me? Do I need to prove he has these mental problems?
17 ANSWERS
Administrative-Regulator Attorney serving Seattle, WA
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Law Offices of Karen A. Clark
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Washington is a no-fault dissolution state. You do not have to state any grounds for the dissolution. The Dissolution Petition simply states that the marriage is irretrievably broken. You will not be asked for details. Your spouse does not have to agree to the dissolution.
Answered on Jul 06th, 2011 at 11:27 AM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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No. In Oregon, you can get a divorce without his permission on grounds of irreconcilable differences.
Answered on Jul 05th, 2011 at 11:53 AM
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You do not need any fault grounds for a divorce, whether or not your husband has mental problems. You may get a divorce, whether or not he agrees, based upon your desire for divorce and living separate from your spouse for a period of time, depending on the circumstances. Your spouse's mental problems will be relevant if he is incompetent to be sued, and in that case you may have to have him interdicted, and someone appointed to care for his interests. Depending on the severity of the mental problems and your husband's role in his care, he may be absolved from fault in the breakup of your marriage. If he is unable to work due to his mental problems, you may be required to support him in some manner until or unless he can support himself.
Answered on Jul 01st, 2011 at 12:29 PM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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Washington is a no fault State. All that needs to be shown is the marriage is irretrievably broken.
Answered on Jul 01st, 2011 at 10:15 AM
Family Law Attorney serving Woodland Hills, CA
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Law Office of Daniel B. Rubanowitz, APC
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California is a "no-fault" state, meaning anyone can get a divorce if they want one. In California, the only grounds for dissolution of marriage are irreconcilable differences, which has caused the irremediable breakdown of the marriage, or incurable insanity. Although incurable insanity ("mental problems") sounds like good grounds to most people when they want to dissolve their marriage, it is generally much more difficult and expensive to prove. You should consult with an attorney to determine what is best for you and your family. Good luck.
Answered on Jul 01st, 2011 at 9:24 AM
In Georgia, you only need irreconcilable differences to get a divorce.
Answered on Jun 30th, 2011 at 11:58 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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In Colorado and most other "no fault" states, it is irrelevant what the other spouse wants. His "mental problems" are only relevant if they are sufficient to indicate that he is the legal "equivalent" of a child - meaning that he lacks the capacity to make decisions for himself. You probably should discuss the situation with an attorney who can help you assess what the "mental problems" are.
Answered on Jun 30th, 2011 at 9:24 AM
Theodore W. Robinson
In NY and in most states, there is now "No Fault" divorce which needs no grounds other than you want a divorce. Speak to a matrimonial attorney right away. Good luck.
Answered on Jun 30th, 2011 at 9:08 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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No, there are no grounds necessary in Florida other than that one of the parties to the marriage wants the marriage to be over because it is "irretrievably broken" for whatever reason. Florida is a no fault state. So, all you would need to do is file the divorce, serve him, and proceed from there. Whether he cooperates or not, there is no way that he can stop the divorce if you want one. I would suggest speaking with an experienced family law attorney though in order to properly determine what the potential issues might be in a dissolution proceeding, as well as your potential rights and options. My office offers free initial telephone consultations if you would like to discuss this matter in more detail, as well as explore the potential rights and options available.
Answered on Jun 29th, 2011 at 2:17 PM
I do that because that is where I am at, and, each state has its own laws on this subject. If you are in Washington, then you do not need "grounds" to get divorced. You do have to be willing to swear in court that the marriage is irretrievably broken. As long as you are willing to do that, then, sooner or later, the divorce is going to happen. As to other states, I really cannot speak to their laws.
Answered on Jun 29th, 2011 at 1:44 PM
Steven D. Dunnings
In Michigan, you do not need grounds other than there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed.
Answered on Jun 29th, 2011 at 11:51 AM
William Guy Pontrello
No grounds, Florida is a no fault state. only that the marriage is broken and can't be repaired.
Answered on Jun 29th, 2011 at 11:46 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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In many states, no reason for a divorce is needed. If it is required in your state, a good domestic relations attorney can help you establish cause from the statutory options.
Answered on Jun 29th, 2011 at 11:42 AM
Family Attorney serving Seattle, WA
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Seattle Divorce Services
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Under Washington law no grounds are needed to get a divorce, not does your husband have to agree to a divorce. You can file a divorce action and your husband can decide whether he wants to be involved.
Answered on Jun 29th, 2011 at 10:53 AM
In California you need no legal grounds to file for divorce. This is a no fault state. The other spouse cannot prevent you from filing. However, if you live in another state you need to confer with a lawyer in your state.
Answered on Jun 29th, 2011 at 10:05 AM
Glen Edward Ashman
You don't say what state you are in, so we cannot answer you. Many but not all states have no-fault divorces so the grounds may be irrelevant. Ask your lawyer for more details.
Answered on Jun 29th, 2011 at 9:59 AM
Wills & Living Wills Attorney serving St. Paul, MN
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Rogosheske Lawton, PC
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In Minnesota you dont need any reason, its a no fault state which means all it takes is one person just not wanting to be married anymore.
Answered on Jun 29th, 2011 at 9:06 AM