Can I get a divorce without spousal consent?
I am unhappy in my marriage and want a divorce. My wife does not want to go through with proceedings. There has not been adultery. Is there a way for me to file for a divorce regardless? Is the consent of my spouse required? Will I need her signature on anything?
Answered By: Alfred Law Firm
No you do not need her consent to file for divorce. You can file and then have her served.
Answer Applies to: Georgia
Replied: 11/6/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Georgia
Replied: 11/6/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Offices of Seth D. Schraier
Although uncontested divorces are faster to obtain, you can still file for divorce if your wife does not consent. In New York State, you can now claim "no fault" as a reason for divorce. As long as you can claim that there has been a breakdown in the marriage for at least the past 6 months, then it is grounds to grant the divorce. Although your wife can try and contest the assets and distribution of assets, it is difficult for her to fight granting a divorce when it is based on the No-Fault grounds. w.com
Answer Applies to: New York
Replied: 11/2/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 11/2/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Andrew J Spinnell, LLC
You may file for a no fault divorce based on irretrievable breakdown in the marital relationship for six months prior to the divorce action. No consent of your spouse is needed.
Answer Applies to: New York
Replied: 10/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 10/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: David A. Browde, P.C.
Yes. Spousal consent is not needed.
Answer Applies to: New York
Replied: 10/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 10/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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