Can I divorce my wife if she is not in favor of it? 19 Answers as of August 28, 2015

I have one daughter, who lives with my wife. I want to get a divorce on no fault grounds. Can I do this even if my wife is opposed to it? At this point, I am willing to do whatever I have to in order to divorce, and will pay for child support.

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Reza Athari & Associates, PLLC | Seth L. Reszko
Yes. Your wife does not have to consent to the divorce. Nevada is a no-fault divorce state. If the parties cannot agree on the terms, the Judge will also decide child custody/visitation child support, property and debt distribution as well as other ancillary issues.
Answer Applies to: Nevada
Replied: 6/12/2015
Law Office of Martin A. Kahan | Martin A. Kahan
Yes-you don't need her consent.
Answer Applies to: California
Replied: 6/12/2015
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
In Michigan yes you can get divorced without fault. and without the consent to the divorce of an unwilling spouse It can get expensive but it can be done.
Answer Applies to: Michigan
Replied: 6/11/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Yes. In Wisconsin a spouse does not have to agree to a divorce. Since the ground for divorce is that the marriage is 'irretrievably broken,' it's kind of hard for a spouse effectively to disagree. It takes two to tango. It certainly helps if later on in the process the two of you can reach a complete agreement about property, child support, child custody and placement, etc. An experienced divorce lawyer can be of immense help in moving this process along with less stress on you.
Answer Applies to: Wisconsin
Replied: 6/11/2015
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
You don't need her agreement to get a divorce, nor is it your willingness that matters for child support. The law requires it.
Answer Applies to: Washington
Replied: 6/11/2015
    John Russo | John Russo
    They outlawed slavery, and indentured servitude a long time ago, you don?t need her permission to file.
    Answer Applies to: Rhode Island
    Replied: 6/11/2015
    Law Office of Robert E McCall | Robert McCall
    You only need her agreement for an Uncontested Divorce. If she does not agree file for a Contested Divorce.
    Answer Applies to: Florida
    Replied: 6/11/2015
    The Law office of Karla M Mansur
    The Law office of Karla M Mansur | Karla Mansur
    You can file a 1b divorce for irretrievable breakdown even if she doesn't want it.
    Answer Applies to: Massachusetts
    Replied: 6/11/2015
    Law Office of Eric S. Lumberg | Eric S. Lumberg
    In Michigan, a spouse can file and get a divorce even if the other spouse is not in agreement. Consult with an attorney to discuss all options and possible resolutions.
    Answer Applies to: Michigan
    Replied: 6/11/2015
    Peyton and Associates | Barbara Peyton
    In order to file for divorce all you have to do is file Petition with the court stating that there are irreconcilable differences between the two of you. The other side does not have to agree to anything. Good luck.
    Answer Applies to: California
    Replied: 6/11/2015
    Provda Law Firm
    Provda Law Firm | Bruce Provda
    Yes you can file for a no fault divorce. if you feel she is going to contest this you should have an attorney.
    Answer Applies to: New York
    Replied: 6/11/2015
    Law Offices of Julie A. Ringquist | Julie A. Ringquist
    Yes, only one spouse needs to desire the divorce. Go ahead and start your court paperwork and get her served.
    Answer Applies to: California
    Replied: 6/11/2015
    AAA Family Law
    AAA Family Law | Eduardo J. Mejias
    Florida does not require "grounds" for a divorce. A family law judge will grant the divorce regardless of the reason you're seeking it, or if your wife opposes it.
    Answer Applies to: Florida
    Replied: 6/11/2015
    Diane l. Berger | Diane L. Berger
    It only takes one to say it is over. You can move forward.
    Answer Applies to: Nebraska
    Replied: 6/11/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    In Michigan is not necessary for both parties to agree to divorce. I would suggest you see an attorney, explain your situation and learn your rights and obligations.
    Answer Applies to: Michigan
    Replied: 6/11/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Yes, you do not need her consent. File and serve your divorce documents and if she fails to respond as required, take her default.
    Answer Applies to: California
    Replied: 6/11/2015
    Home Town Law, P.A.
    Home Town Law, P.A. | Sabina Tomshinsky
    Yes, you may. Florida is a no fault state and you may commence your divorce action by filing a petition for dissolution of marriage with other ancillary documents and then have your wife served with the filed documents. It would be prudent to consult with a divorce attorney in your area on moving forward with your dissolution of marriage action.
    Answer Applies to: Florida
    Replied: 6/11/2015
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