Can I divorce someone just because I don't want to be married anymore? 47 Answers as of September 02, 2011

I am really unhappy in my marriage. My partner doesnt seem to mind our relationship, but I just cant be married anymore. Do I have to have a specific reason? What if my partner refuses to sign papers?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Karen A. Clark, L.L.C.
Law Office of Karen A. Clark, L.L.C. | Karen A. Clark
Washington is a no-fault state. You do not need to provide a reason for why you are seeking dissolution. Regardless of your partner's "feelings," the dissolution process can be completed in 91 days. Although your partner must be given notice of your dissolution petition, his/her consent and/or signature is not required in order for the marriage to be dissolved.
Answer Applies to: Washington
Replied: 9/2/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Yes. In Colorado all that is required is that one person believe that the marriage is irretrievably broken. Under Colorado procedures there is nothing that your partner would have to sign so there isn't anything his "refusal" can effect.
Answer Applies to: Colorado
Replied: 8/24/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
All you have to show is the marriage is irretrievably broken. Your spouse will not need to sign anything to start the process but he/she will need to be served.
Answer Applies to: Washington
Replied: 8/24/2011
Horizons Law Group, LLC
Horizons Law Group, LLC | Michelle B. Fitzgerald
Wisconsin does not require a reason to request a divorce.
Answer Applies to: Wisconsin
Replied: 8/23/2011
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
It sounds like you have irreconcilable differences. You just can't seem to meet eye to eye any longer and need to move forward with your lives. We can help you do so. Call today for a free confidential consultation to discuss how. And if he refuses to sign the paperwork there are ways to move forward without him.
Answer Applies to: Illinois
Replied: 8/22/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    It takes two to be married in Texas and only one to quit. If you do not want to be married, that is an irreconcilable difference that is sufficient to grant you the divorce. If your spouse does not want the divorce, they have to convince you to remain in the marriage, the Court will not make you remain in the marriage. That said, if they do not want to sign the papers, it does not matter.
    Answer Applies to: Texas
    Replied: 8/22/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Michigan is a no fault divorce state which means you do not have to have a basis for divorce other than the breakdown of the marriage relationship. Your spouse does not have to agree to divorce in order for you to get a divorce.
    Answer Applies to: Michigan
    Replied: 8/22/2011
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    You can get divorced in a No-Fault Divorce State for any reason by alleging "Irreconcilable differences" or Irretrievable breakdown." If your spouse will not cooperate, then you have to live apart for two years in PA before you can get a divorce without his consent.
    Answer Applies to: Pennsylvania
    Replied: 8/22/2011
    The Law offices of Cheryl L. Sommers
    The Law offices of Cheryl L. Sommers | Cheryl L. Sommers
    California is a no-fault divorce state which means yes, you can divorce without having a specific reason but simply "Irreconcilable Differences" under Family Code section 2319(a). A divorce (or dissolution as it's called) can be contested or uncontested. Just because a spouse refuses to cooperate (and in that case it would be contested) doesn't stop you from getting your divorce. The only thing they can contest is the division of marital assets and debts, child custody, etc. Hope that helps!
    Answer Applies to: California
    Replied: 8/22/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Florida is a no fault state. You do not have to have a good reason, all you have to say is that the marriage is irretrievably broken and no amount of counseling is going to fix it. He doesn't have to sign, all you have to do is serve him the papers via service processor and proceed with your case. I suggest you consult an experienced Family Law attorney to discuss your case in further detail and learn all of your rights and options.
    Answer Applies to: Florida
    Replied: 8/21/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    In California, you can get divorced for any reason. It is a no fault sate so you can divorce for any reason.
    Answer Applies to: California
    Replied: 8/21/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    You can divorce someone in California for any reason you choose. There is no requirement that you have a specific reason. The fact that your husband doesn't wish to sign the papers does not mean he can stop the divorce from happening.
    Answer Applies to: California
    Replied: 8/21/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Yes. That is what irreconcilable differences is. The parties don't have to agree to get divorced, so it doesn't matter if he won't sign anything.
    Answer Applies to: California
    Replied: 8/21/2011
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    Louisiana no longer requires "fault" or a reason to get divorced, but there may be financial repercussions to divorcing someone who is not at fault in the breakup of the marriage simply because you no longer want to be married. You will not need your partner's consent, and they do not have to "sign papers" in order for you to obtain a divorce. You may wish to explore counseling prior to the divorce to find out why you are so unhappy.
    Answer Applies to: Louisiana
    Replied: 8/21/2011
    Noel & Noel, PLLC | Lacey Noel
    Yes in Washington, it is a no fault state meaning you can get divorced for any reason.
    Answer Applies to: Washington
    Replied: 8/21/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    Nevada is a "no fault" state.
    Answer Applies to: Nevada
    Replied: 8/21/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    Florida is a no-fault state. As long as you believe that the marriage is irretrievably broken, you will be able to get a divorce. If your partner fails to file a written Answer with the Court within 20 days, you can ask the Clerk of Court to issue a Default, and you can proceed on to a final hearing.
    Answer Applies to: Florida
    Replied: 8/21/2011
    Law Office of Daniel B. Rubanowitz, APC
    Law Office of Daniel B. Rubanowitz, APC | Daniel B. Rubanowitz
    In the State of California, you can divorce someone "just because [you] don't want to be married anymore." The dissolution of marriage would be based on irreconcilable differences. If children are involved, hopefully you would reconsider your position and try counseling or otherwise try to work things out for the benefit of your kids. However, some relationships just are not worth trying to salvage and you can get divorced even if your ex-spouse to be refuses to sign papers or consent. You should consult with a Family Law Attorney.
    Answer Applies to: California
    Replied: 8/21/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You do not need a specific reason or your partner's consent. The courts only require irreconcilable differences for either party to a marriage to ask to terminate the marriage.
    Answer Applies to: California
    Replied: 8/21/2011
    Lewis, Pfanstiel & Williams, PCLO
    Lewis, Pfanstiel & Williams, PCLO | Ryan J. Lewis
    Nebraska is a no fault divorce state. You do not have to have a reason to get diivorced.
    Answer Applies to: Nebraska
    Replied: 8/21/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    In Washington you just have to state that the marriage is irretrievably broken.If your husband doesn't sign anything, the court will sign for him or indicate he refused to sign.You can get divorced if you want to.
    Answer Applies to: Washington
    Replied: 8/21/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    Yes you can under the no fault divorce provisions. If your spouse will not sign the documents you can have them served and have a court hearing to get your divorce.
    Answer Applies to: Alabama
    Replied: 8/21/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You do not need any reason other than irretrievable breakdown.
    Answer Applies to: Connecticut
    Replied: 8/21/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    Florida is a No-Fault state which means you don't need a specific reason or for someone to be at fault in order to obtain a divorce. And no, your spouse doesn't have to sign anything for you to get a divorce.
    Answer Applies to: Florida
    Replied: 8/21/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    You can get a divorce for any or no reason at all. You don't need your spouse's consent.
    Answer Applies to: Oregon
    Replied: 8/21/2011
    Raheen Law Group, P.C.
    Raheen Law Group, P.C. | Wali Raheen
    In Virginia, if the parties have entered into a separation agreement and there are no minor children, a divorce could be obtained after 6 months. However, if a minor child is involved, or the parties do not have a separation agreement, then divorce could be obtained after 1 year of separation. In both situations, the parties must have lived separate for the requisite period of time before filing for divorce.
    Answer Applies to: Virginia
    Replied: 8/21/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    Sure. In the state of Washington, all that is required is that you have to be willing to swear that the marriage is irretrievably broken. Your spouse does not have to sign the papers for you to get a divorce. However, it will be faster and cheaper if the two of you can work out an agreed divorce that both parties are willing to sign off on.
    Answer Applies to: Washington
    Replied: 8/20/2011
    The Coyle Law Office
    The Coyle Law Office | T. Andrew Coyle
    You can file for a 'no-fault' divorce; however, both parties must sign a stipulation stating they have lived 'separate and apart' for at least 6 months. If both parties will not sign that, then you must 'live separate and apart' for at least 2 years prior to being divorced on no-fault grounds.
    Answer Applies to: Illinois
    Replied: 8/20/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Yes. A person need only allege an irretrievable breakdown of the marriage.
    Answer Applies to: Minnesota
    Replied: 8/20/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    Florida is a no fault divorce state.
    Answer Applies to: Florida
    Replied: 8/20/2011
    Law Offices of Gregory L. Laurance
    Law Offices of Gregory L. Laurance | Anastasia Ganatsios
    Yes - you can get a divorce just because you do not want to be married anymore. You do not need your partner's consent in order to file for and obtain a divorce. A party may unilaterally end a marriage and may even do so when the other party refuses to cooperate (request for default). Though normally, both parties will make an appearance and either negotiate a settlement or go to trial.
    Answer Applies to: California
    Replied: 8/20/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Yes, you can divorce someone on the grounds that the marriage is "irretrievably broken"' or no-fault grounds. If your spouse will not sign a settlement agreement, then you will need to file a contested divorce petition, have them served by the sheriff, and proceed with contested divorce litigation (although this doesn't mean the case can't settle later on in the litigation).
    Answer Applies to: Georgia
    Replied: 8/20/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Georgia allows no-fault divorce so if you want a divorce you will eventually get one. Whether he agrees or not affects how long it will take and how much it will cost. Contested cases are far more costly than uncontested ones.
    Answer Applies to: Georgia
    Replied: 8/20/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    Yes. You don't need any specific reason to divorce someone. You can file for a "No Fault" Divorce, where you simply allege that there has been an "irretrievable breakdown of the marriage." The only type of divorce where your spouse has to sign off on the paperwork is the Joint Petition for (Uncontested) Divorce. Although this type of divorce can save a significant amount of time and money, it requires complete cooperation from both spouses. It sounds like you need to file a Complaint for Divorce, and go through the contested procedure. Best of luck.
    Answer Applies to: Massachusetts
    Replied: 8/20/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    You need only claim "irreconcibable differences" in your marriage for six months to be entitled to a divorce. You need not demonstate what the "differences" are.
    Answer Applies to: New Jersey
    Replied: 8/20/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    California is a "no fault" divorce State. Meaning, you don't need a reason, other than checking off a box on the divorce petition that states: "irreconcilable differences." If your spouse refuses to respond to the divorce petition, you can finalize your divorce via "default." I'd suggest calling a local family law lawyer for assistance.
    Answer Applies to: California
    Replied: 8/20/2011
    Hugo Florido ESQ.
    Hugo Florido ESQ. | Hugo Florido
    Yes, Florida is a "no fault" State . That means as long as the marriage is irretrievably broken ( I don't want to be married anymore) you can get divorced.
    Answer Applies to: Florida
    Replied: 8/20/2011
    The Sampaio Law Firm, PA
    The Sampaio Law Firm, PA | Sasha M. Sampaio
    Florida is a no fault divorce state which means you do not have to have a reason to get divorce. The only reason you must provide to the court is that the marriage is "irretrievably broken". It is easier and cheaper to do an uncontested divorce if you and your spouse can agree to divorce. If not, you will have to file a regular divorce and have your spouse served with the divorce papers.
    Answer Applies to: Florida
    Replied: 8/20/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    In Arizona, the only grounds for divorce are that the marriage is "irretrievably broken with no reasonable prospect of reconciliation." Your spouse does not have to sign papers for a divorce to proceed (though the process is considerably simpler if he/she cooperates).
    Answer Applies to: Arizona
    Replied: 8/20/2011
    The English Law Firm
    The English Law Firm | Robert English
    You don't need any specific reason. If you are unhappy, then that is fine. The partner does not need to agree or sign anything.
    Answer Applies to: California
    Replied: 8/20/2011
    Law Office of Jennifer L. Marshall, LLC.
    Law Office of Jennifer L. Marshall, LLC. | Jennifer L. Marshall, Esq.
    In New Jersey you can get divorced. Since NJ is a no fault State many clients just use irreconcilable differences as a reason. There are procedures in place to allow you to get divorced even if your partner refuses to sign. I would contact an attorney as soon as possible to discuss your rights in a divorce.
    Answer Applies to: New Jersey
    Replied: 8/20/2011
    Theiler & Mourtos Attorneys at Law
    Theiler & Mourtos Attorneys at Law | Devan J. Theiler, Esq.
    In the State of New Jersey you may divorce someone without a specific reason on the grounds of irreconciliable differences. Clearly, if you no longer want to be married and he does, that is a difference that cannot be resolved. In order to file on these grounds, you or he must have lived in New Jersey for at least one year prior to filing the Complaint, and you must be able to honestly tell the Court that your differences (whatever they may be) have existed for at least six months prior to filing the Complaint. If both of those requirements are met, you can file for and eventually will be granted a Divorce. Some of the factors affecting how long the whole procees takes is whether he cooperates with the process, whether you can reach an agreement or will need to litigate it, etc. You can be divorced in as quickly as 6 weeks if he cooperates and you can reach an agreement. Alternatively, if it is consistently litigated and eventually requires a trial, it will take at least a year a very likely even longer.
    Answer Applies to: New Jersey
    Replied: 8/20/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    No you don't need a reason. Wisconsin is a no fault state. They don't need to sign the papers to petition for a divorce-they just need to be served.
    Answer Applies to: Wisconsin
    Replied: 8/20/2011
Click to View More Answers:
12 3 4 5 6 7 8 Free Legal QuestionsConnect with a local attorney