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22 answers

He doesn't need your permission. You can contest the divorce, but eventually it will be granted whether you want it to or not. You can make it more expensive (for both of you) and a long drawn out process, but it will still happen. I don't see why you would want to hold on to him at this point anyway.

2007-08-09 08:34:11 · answer #1 · answered by ? 6 · 1 0

Yes, he can divorce you without your permission. If you do not consent to the divorce, he can file, go before a judge and the judge will grant the divorce and decide division of assets, child support, visitation etc.

A divorce can be final two ways. One, both parties sign the divorce papers and agree the marriage is over. Two, one party refuses to grant the divorce and the judge grants the divorce without the signature. The second is usually called a Contested Divorce.

Contested divorces take longer and are more expensive, but the court has no legal basis to force a person to stay married unwillingly.

Its better for you both to come to an agreement on the divorce and then on division of assets and the children's custody and visitation before going to court.

Besides, why on earth would you want to force a man to stay legally married to you when he has already left years ago and the marriage is only a marriage on paper?

You should talk to a lawyer as soon as possible to protect yourself, your share of the marital assets and your rights to your children.

2007-08-09 08:35:40 · answer #2 · answered by Melanie J 5 · 0 0

Yes, he can divorce you without your consent. You should certainly seek legal advice though. You'd be far better off to get an attorney and have a divorce done right than to stick your head in the sand and hope by not consenting somehow he's coming back. It doesn't work that way. My mom got divorced after 30 years of marriage and did what you're doing now. She lost a lot that was rightfully hers because she didn't want to fight. Big mistake. Sometimes you have to do things you don't want to do. Picture your life 20 years down the road and do what you have to do now to make that a pretty picture. It's not about taking him to the cleaners it's about providing for your future. It's the right thing to do and the smart thing to do.

2007-08-09 08:40:03 · answer #3 · answered by tigrompy 3 · 1 0

Well he can divorce you, however, he is not going to get out of this scott free neither. Depending on how long you were married, you may qualify for spousal support (alimony) and child support for your 3 children, given they have not all three reached past the age of 18. You can fight it, but ultimately, that will cost you an unseen amount of legal fees. It would probably in your best interest to go ahead and consent to the divorce and just work out the issues of spousal and child support, becuase you are due those things. You may also be entitled to his 401K as well, so you have several options to look at. Plus, think about it. Do you want to force yourself to stay married to someone who blatanly seems to not want to have any ties to his family and left you and your kids? I wish you the best of luck. You will and can get through this.

2007-08-09 08:36:33 · answer #4 · answered by Ashlie 2 · 2 0

If he has been gone for three years he could that the maariage has irrevacably broken down and that would be grounds for divoirce

Look at it this way if he has been gone three years why not divorce and and get on with your life find somebody else good luck to you

2007-08-09 10:48:25 · answer #5 · answered by john h 7 · 0 0

I do not think that you can divorce without the others consent there has to be some sort of signature by both parties.

2007-08-10 10:50:17 · answer #6 · answered by Edgein 7 · 0 0

hi, i dont know where you live but i know in the uk if you have been legally separated for 2 years. he can divorce you without your consent. if you didnt get a legal seperation I am certain he would have to wait 5 years

2007-08-09 10:02:41 · answer #7 · answered by ajj 3 · 0 0

He can file for divorce but unless he goes over seas and does it no u will have to sign the divorce papers as u have a custody issue and u will definatley get the house and the cars and child support and since he left u make sure u get him to pay for the house and cars till they are paid off and to make sure he keeps u and the kids on his health insurance plan at his place of work and stuff like that. but dont wait for him to change his mind as my guess he has something else on the side and probably has had her for a while... take him to the cleaners and get what u can...

2007-08-09 08:35:48 · answer #8 · answered by THE UK WILDCAT FAMILY 10 6 · 0 3

he can divorce you, yes, he is required to pay child support even during a separation in most if not all states.

Contact an attorney and file papers if he hasn't already.

2007-08-09 08:34:33 · answer #9 · answered by Anonymous · 1 0

Yes he can, sooner than you think if he consulted a solicitor prior to your separation. It is called 'irreconcilable differences'. You should also see a solicitor x x

2007-08-12 09:29:18 · answer #10 · answered by milly 4 · 0 0

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