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United States

I am an attorney who practices in family court. Most states are "no fault" divorce states in which you can merely assert that the marriage is "irretrievably broken" as a basis for a dissolution of marriage. Now, if the other partner answers the petition in writing to the court denying that the marriage is "irretrievably broken" the court may require the parties to undergo some marriage counseling to determine if the marriage can be reconciled before granting the divorce. However, judges will not force parties to stay married if the petitioning spouse still wants to dissolve the marriage.

UK

If you apply for divorce and your spouse refutes it, most Judges accept your application irregardless of your spouse's response on the logic that if one person wants a divorce then the marriage is over.

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โˆ™ 2011-07-13 00:12:31
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Q: What legal options are available to a spouse to prevent a divorce from being granted?
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Related questions

What states can you get a divorce in if you are pregnant?

All of them, pregnancy does not prevent either spouse from filing a petition for the dissolution of a marriage, nor will it prevent the divorce from being granted.


Does the wife have to sign the divorce papers if she does not want to?

No, but the refusal of a spouse to sign the dissolution petition will not prevent the requesting spouse to be granted a divorce.


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Do both parties have to sign the divorce papers for it to be legal?

The short answer is no, both parties do not have to sign divorce papers for the divorce to be legal. Every person has a right to divorce and your spouse cannot prevent you from exercising your right. As a matter of fact, you can get a divorce without the consent of your spouse in all 50 states. Your best option is to file for a "no-fault" divorce. Filing a "no-fault" divorce will prevent your spouse from being able to contest any allegations based on a specified "fault" for the divorce. Not every state has fault based divorce options, but the good news is a "no-fault" divorce is available in all 50 states. In many states, the courts have provided a divorce option that not only allows you to divorce without the consent or signature of your spouse, but do not even require your spouse to appear in court for the final judgment. Please check the specific laws of your state for further information.


How can you legally stop your husband from divorcing you?

Generally, in the United States, you can't prevent your spouse from obtaining a divorce. You should consult with an attorney who specializes in divorce cases in your area ASAP, who can review your situation and explain your rights and options.


If husband does not have grounds for divorce in New York state can wife refuse divorce?

No. Most states, including New York, have no fault divorce available and no longer require specific grounds for divorce. A party need only provide a general reason for the divorce such as irreconcilable differences or an irreparable breakdown of the marriage. No fault divorce became available in NY in 2010.In the US, one spouse cannot prevent a divorce.Can_your_husband_divorce_you_with_no_grounds_for_divorce


Can your husband divorce you with no grounds for divorce?

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If a woman lives is Georgia but is from Michigan and gets divorced can she move back to Michigan with the kids?

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How to stop a divorce?

You cannot prevent a divorce in the US unless the parties agree to reconcile.


What happens if your spouse won't sign the final divorce papers?

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You can't. You can only prevent any children from being moved.


What do you do if your wife wont grant you a divorce?

It is the court - not the wife (or husband) who grants the divorce. In most states, if one spouse files for a divorce, the court will grant the divorce (assuming there are no jurisdictional issues). She may not want a divorce, she may not agree to a divorce, but she cannot prevent you from obtaining a divorce.


If my ex does not sign the divorce papers in Texas what can i do next?

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You bought your house prior to marriage so wife is not on deed you have since divorced Do you need her signature to sell the house?

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Is there a statute of limitation on divorce my husband has remarried and i never rec'd divorce papers or divorce petition?

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