Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
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Last Updated on: 13th October 2023, 08:22 pm
Divorce can be an extremely difficult and emotional process. When one spouse decides they want a divorce, the other spouse may not agree and want to stay together. This can lead to the question – can I refuse to go through with a divorce if I don’t want it?The short answer is no, you cannot legally refuse a divorce if your spouse wants one. Even if you do not agree with the divorce or want to stay married, your spouse has the right to file for and complete the divorce process without your consent. However, there are some things you should know if you find yourself in this situation.
It is important to understand that no one can force you to stay married if you do not want to be. While it’s ideal for both spouses to mutually agree to divorce terms, you have options under the law even if your spouse refuses. No state will make you stay in an unhappy marriage against your will.Although it may require jumping through some extra hoops, you can still get the divorce you want. It just may take longer or require going to court if your spouse contests the divorce. But the court will grant the divorce as long as proper procedures are followed.
There are many reasons why one spouse may resist a divorce, even when the other spouse wants it:
What Happens if Your Spouse Refuses to Sign Divorce Papers
If your spouse refuses to sign the divorce papers, it can feel like the divorce is impossible. However, in most states you can still pursue a divorce even if your spouse does not consent. Here are some steps you can take:
This may vary by state, so consult a divorce lawyer to understand the laws and procedures in your jurisdiction. The key is that your spouse cannot veto the divorce by refusing to sign papers.
When both spouses agree on the divorce terms, it is an uncontested divorce. But when one spouse contests the divorce in any way, it becomes a contested divorce. This happens when your spouse:
A contested divorce takes longer and can involve going to court for a judge to decide on any disputed divorce terms. But it is still possible to get a divorce over the objections of your spouse.
In some states, you may be able to pursue a legal separation instead of divorce. This allows you to live apart without officially divorcing. This option isn’t right for everyone, but may be something to discuss with your lawyer. Legal separations are complex, so get legal advice to understand your options.
Getting Help With a Contested Divorce
Just because your spouse refuses the divorce does not mean you cannot get one. But it can complicate the process and make getting legal advice crucial. Here are some tips:
With the help of an experienced divorce lawyer, you can get the divorce finalized even without the consent of your spouse. It may take longer and be more difficult, but you still have legal options to end your marriage one way or another. Going through a contested divorce is never easy, but know that you have rights under the law.
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