I have a friend who won't grant their spouse a divorce. I'm concerned that this will backfire then them and get ugly. I'm wondering if there is anyway that the spouse can go through the divorce even though it is not mutual. And if so-will it get ugly and hurtful? Thanks
2006-09-23 03:34:47 · 29 answers · asked by deebop_a_lula 3 in Family & Relationships ➔ Marriage & Divorce
It will depend where they are located. There are different laws.
2006-09-23 03:37:02 · answer #1 · answered by sarah071267 5 · 0⤊ 0⤋
The spouse doesn't have the power to grant a divorce, the courts do and by all means, yes, he/she can still obtain her divorce no matter how much the other spouse contests it. All divorces are considered "no-fault" in today's world, and they don't have to have specific reasons. I would warn you, that the other spouse can drag this out by insisting on mediation, counseling, etc. That spouse could also turn this very ugly and bitter if he/she chooses to take it personal. Just keep in mind that the end result will be the same either way...a divorce will be granted if one chooses to do so.
2006-09-23 10:40:46 · answer #2 · answered by Hollynfaith 6 · 0⤊ 0⤋
Divorce is ugly and most often hurtful. No way to avoid that part of a divorce. Yes, a divorce can be had with one spouse in agreement. In the final hearing, it is the judge who grants the divorce and not the people involved. During my final divorce hearing, the judge asked if the court could offer any help in counseling or postponement to help resolve problems. I said no, ex said yes. Divorce was granted.
2006-09-23 12:24:22 · answer #3 · answered by brenda c 2 · 0⤊ 0⤋
Its called a contested divorce and chances are it could get really ugly and nasty. Your friend can still get the divorce although it wont be easy, but then living with an unwanted spouse can be worse. It will really get ugly if there are children involved as they will get caught up in the middle. Your friend may have to prove th the courts why she should be awarded the divorce; spousal abuse, cruelty,abandonment, etc. but it will happen. If needbe tell your friend to get a restraining order for her protection just in case. as the police will need it in case they are called. Document every and all contact between the two. Good luck
2006-09-23 10:43:56 · answer #4 · answered by Arthur W 7 · 0⤊ 0⤋
That would depend one what state your friend lives in. Some states it doesn't matter. Most of which are states that support no fault divorces. I'd say your friend would be able to get a divorce whether or not the other one objects or not.
I have been divorced before and didn't have to even sign the divorce papers. I didn't want it but that was what the law was.
Yes even if it was mutual things could get nasty and hurtful..
2006-09-23 10:40:16 · answer #5 · answered by bro_ken128 3 · 0⤊ 0⤋
One of the definitions of divorce is "ugly" and another is "hurtful." Yes, a person can get a divorce against the wishes of the other party.
2006-09-23 10:59:16 · answer #6 · answered by DelK 7 · 0⤊ 0⤋
No unless the papers are signed there cannot be a divorce. You can however I have heard take a person to court to have them sign the papers along with getting possession of items and such. Good Luck! Also what about filing for separation to be legally separated?
2006-09-23 10:37:56 · answer #7 · answered by natmys333 4 · 0⤊ 0⤋
In each State there are different gounds for divorce. If a pary can prove the grounds the court will grant a divorce.
As your friends husband will not agree, it will best be done thru an attorney.
2006-09-23 10:41:58 · answer #8 · answered by Anonymous · 0⤊ 0⤋
It will just take time, even if the friend is not willing. They will probably both need attorneys anyway and the attorneys will work out the issue. The problem is that it will probably get ugly and cost a lot more time and money if the friend is not willing. The friend cannot make someone stay married to him/her.
2006-09-23 10:38:40 · answer #9 · answered by Laura Renee 6 · 0⤊ 0⤋
Yes have him served with papers and if he does not respond in a certain amout of time the divorce will still go through.
2006-09-23 10:49:29 · answer #10 · answered by sasa2676 2 · 0⤊ 0⤋
it is called a contested divorce... and when they go to court the judge will decide. it may take a little longer... and if he does not respond to papers to contest ..that is even better. if he leaves town... intent to divorce is placed in legal news.. in areas he may be..then divorce is granted. i feel sorry for anyone who wants out of a miserable relationship, and has to fight opposition. it stinks... been there ..done that... but it eventually works out.
2006-09-23 10:38:45 · answer #11 · answered by Anonymous · 0⤊ 0⤋