Does a divorce require both partners to agree to it?
Or can a woman divorce her husband even if her husband does not want to get divorced?
If so, how does she divorce him? My friend wants to divorce her husband, but her husband refuses to send her his marriage papers, and he says that if she divorces him he is going to hunt her down and spend the rest of his life torturing her.
She is really scared. I want to help her but I don't know what to do. Her husband sounds like a madman. (They dont live together right now.)
2006-10-05 08:53:44 · 20 answers · asked by worldpeace 4 in Family & Relationships ➔ Marriage & Divorce
I filed for divorce and my now ex-husband didn't want one so he didn't sign them...but judge signed off on the anyway so the divorce was granted on my request...talk to the lawyer.IT CAN BE DONE. you do not have to stay married if you do not want to be!
2006-10-05 09:29:59 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Both people rarely want the divorce, it is usually one or the other. This is a pretty normal well i guess you could call it common reaction. All your friend needs to do is have her soon to be ex served with the divorce papers, then there is a time period between the serve date and the court date that he will have to contest the divorce. This doesn't mean that he can say no to the divorce just no to the terms. In order to do this he needs to file a seperate set of papers or they will need to do a mediation to agree on terms such as division of property and custody if any. If he does nothing at all the court will file and grant your friend the divorce without so much as a signature from him. Hope this helps.
2006-10-05 09:04:25 · answer #2 · answered by Steve Z 2 · 0⤊ 0⤋
File a report with the police (if he's making threats and she is in fear for her well being) If she legally served him with divorce papers, I think she should also legally show the intent to be separated from him. As in move out..get her own place. After 6 mos. to 1 year of separation, this divorce should be easier to complete. I'd definitely get a lawyer's advice though.
It can't be possible that people are stuck in marriages because one of the people doesn't want to get a divorce. That is ridiculous.
Good luck to your friend.
2006-10-05 08:59:15 · answer #3 · answered by RUNINTLKT 5 · 0⤊ 0⤋
Where does your friend live? If it is here in the states then NO she does not need his permission for a divorce, it is called a contested divorce and she WILL NEED a lawyer (sometimes depending on household finances) the husband is made to pay for the wifes lawyer, it just depends)
Tell her 1st she needs to file a restraining order with her local police dept to document his threats, 2nd call a good divorce laywer and start the ball rolling.
Good luck
2006-10-05 08:58:36 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yes, a woman can divorce a man without his consent. This happened to a couple friends of mine. She'll have to have a lawyer and possibly will have to go to court and face him there. But, in the end, the judge will approve the divorce and she'll be free to run and hide from the guy.
2006-10-05 08:57:36 · answer #5 · answered by coloradopsych 3 · 0⤊ 0⤋
Well the law varies by state. I believe it is possible to divorce an uncooperative spouse, but it may take much longer. Google everything! Research divorce laws by state...
2006-10-05 08:56:29 · answer #6 · answered by Amanda 2 · 0⤊ 0⤋
Well if she's ever had restraining orders out on him then she could ask judge to grant her divorce due to his bad behavior.If she goes through with all the paperwork and process to proceed with a divorce (properly serving him) then they will grant her judgment in her favor due to his failure to appear in court.
2006-10-05 08:59:04 · answer #7 · answered by Nikie 3 · 0⤊ 0⤋
Depends on your state law. My state - Indiana has a No Fault law which means they will grant a divorce even if someone contests it no matter what the reason of failure.
2006-10-05 08:56:33 · answer #8 · answered by Lisa W 3 · 0⤊ 0⤋
Depends on state laws.
She needs to divorce this jerk if he is threatening to hunt her down. She can petition a judge and things like his threats will help her case.
2006-10-05 08:56:53 · answer #9 · answered by Funchy 6 · 0⤊ 0⤋
you both don't have to agree to the divorce, but even if the other paetner does not want the divorce, it can only be legal once he/she signs the papers. if they don't sorry, but you won't be legally divorced until they do.
2006-10-05 08:57:02 · answer #10 · answered by Anonymous · 0⤊ 0⤋