QUESTION
What can I do if wife doesn’t agree on divorce?
Asked on Feb 12th, 2014 on Divorce - California
More details to this question:
We are both 59 and were married in 1993. I left the house in July 2012. Wife would not give me divorce. I have no grounds in Mississippi law. She finally filed on adultery. Then amended on irreconcilable differences. Now again she says no divorce. I am willing to split all 50/50. I have pension not being drawn. I have IRA accounts made around $60,000. I started work in 1979. I retired early after 26 years to build houses. I lost my home on short sale. She is an RN. Anyway, I am willing to relocate to file on length not lived together and give half.
5 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
at
Law Office of Robert E. McCall
Update Your Profile
Why didn't you file Counter-Petition in Miss? If there is no action pending you can file in Florida if you meet residency.
Answered on Feb 18th, 2014 at 4:13 PM
You need to seek legal advice from a Mississippi attorney. You have posed a question to IL or to include IL, each state has their own laws, you if you reside in MS or if there is a filing in MS, Mississippi is the governing law and thus you need an attorney licensed in MS.
Answered on Feb 18th, 2014 at 2:49 PM
Business Litigation Attorney serving Los Angeles, CA
at
Gerard A. Fierro & Associates
Update Your Profile
In California you do not need the other spouse to agree to or grant a divorce. In a no-fault divorce, you can file a petition for divorce and then process it until a judgment is granted by the Court without the other spouses cooperation.
Answered on Feb 18th, 2014 at 2:48 PM
If you are in Florida, she cannot stop a divorce. You can file, have her served and if she does not respond, you can enter a default and get an appropriate judgement of dissolution. If you are still in Mississippi, you should contact someone familiar with Family Law in Mississippi.
Answered on Feb 18th, 2014 at 2:47 PM
If you are in Mississippi see a family lawyer there for advice. If you are in California file a response to the divorce petition. Then set the case for a hearing. Here she doesn't need to agree to anything. I will bet the law is the same in Mississippi. Good luck.
Answered on Feb 18th, 2014 at 2:46 PM