Yes, you have a legal opportunity to contest a divorce and the fact that your spouse is in prison (although that complicates things) doesnt really matter in this instance. However, when one spouse want s a divorce and goes through the motions of filing all the proper paperwork, etc there is not any way to really stop it absent a reconciliation. This is because the law views divorce as a partnership contract and you cannot keep someone in a contract against their will.
If you're in the US, you can contest it, and it will delay things, but it won't do you any good in the long run--a judge will not and cannot force someone to remain married if they don't want to be married.
The wife cannot refuse to divorce her husband, but she can contest the terms of the dissolution of marriage petition which usually causes the proceedings to be lengthy and expensive for all parties. If there is no disagreement on the terms and the non filing spouse refuses to accept the divorce summons the requesting spouse can file under the state's default laws.
No. In Western countries a spouse cannot force their spouse to stay married. The divorce can proceed even if one party wants to stay married.
You could, but it might not work.
speak to a lawyer
Serve him with divorce papers and let him anwer in court.
When a husband wants to keep his family and still have his mistress, then yes, the wife has every right to file for divorce.
No fault means just that. Your spouse can live wherever she wants including the waiting period for your divorce.
In the end you have to give in because it would appear your marriage is over and in the end they will do it unilaterally.
The great part about an uncontested divorce (both parties agree) is that you can proceed with a divorce without a lawyer. You are able to represent yourself in court and save time and not to mention money. Your spouse won't need to show in court when using this company. If you file for the divorce, you will be the one finalizing it. Your spouse is served, he/she signs and you attend court to finalize the divorce.
Missing a divorce court date may have catastrophic consequences. The court may go ahead and grant the present spouse everything that that spouse has asked for. This could include all property, and full custody of any children. When one is unable to make it to court, it is best to call the courthouse and explain the situation in advance.
If both parties will not sign the divorce papers then the court will deciede. Depends what state you are in. Indiana is a no fault state meaning if you want to divorce you will be allowed to regardless if the other party wants to or not.