Can I refuse to divorce my husband if he files? 34 Answers as of June 03, 2013

If not, is there a process we will have to go through like counseling for a certain amount of time, before he is granted one?

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Reza Athari & Associates, PLLC | Armand Fried
No. In Nevada, all he has to state is that you and him are no longer compatible, and he will get a divorce without any counseling or other delay. In Nevada, all you can argue about are assets or debts, children etc., but not the divorce itself.
Answer Applies to: Nevada
Replied: 10/19/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
No. In Minnesota, it is only required that one party state their belief that there has been an irretrievable breakdown of the marital relationship.
Answer Applies to: Minnesota
Replied: 10/18/2011
The Law Office of Cathy R. Cook
The Law Office of Cathy R. Cook | Cathy R. Cook
You can challenge the grounds he alleges for divorce, but, as a practical matter, if he wishes a divorce, he can eventually obtain one. You can file for conciliation, which means you are asking him to work with you to save the marriage, but he does not have to agree to do that.
Answer Applies to: Ohio
Replied: 10/18/2011
AAAA Legal  Center
AAAA Legal Center | Robert Mouradian
Michigan is a no fault divorce state which means that your husband can obtain a divorce. When it comes to property division Michigan law allows fault to be taken into account. There is a mandatory 60-day waiting period before a divorce judgment can be entered if there are no minor children. There is a 180-day waiting period if there are minor children. This period can be shortened to 60 days under some circumstances. The time is computed from the date the case is filed.
Answer Applies to: Michigan
Replied: 10/18/2011
The McDonnell Law Firm, PLLC
The McDonnell Law Firm, PLLC | Patrick J. McDonnell
You can refuse. He can still pursue the action. A judge will then decide after expensive litigation. Counseling, mediation, etc is strictly voluntary and one party can't be forced into it. In fact, if they were, that defeats the whole concept of voluntarily engaging in such endeavors.
Answer Applies to: New York
Replied: 10/18/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    If your husband seeks a divorce, you can't prevent him from getting a divorce. He can get a divorce based on grounds of irreconcilable differences: he wants a divorce and you don't. However, you can seek the assistance of Conciliation Court (or a separate marriage counselor) to try to reconcile your marriage.
    Answer Applies to: California
    Replied: 10/17/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    No, you cannot refuse. Marriage takes two to make it work, only one to quit. In Texas, we recognize irreconcilable differences as grounds for divorce and a marriage is deemed irreconcilable if either party says I don't want to be married anymore. Counselling is not required, some Judges like to see it, others don' care but the law does not require it either way. The minimum time for a divorce is 60 days from the date of filing unless a Judge finds cause to waive the 60 days, there are also rules on service of process, etc that may affect time lines, generally the 21 days to answer runs out before the 60 days but there are exceptions.
    Answer Applies to: Texas
    Replied: 10/17/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    Probably not successfully. In Washington, to get divorced, your spouse has to (1) file for divorce with the court, (2) have the pleadings served upon you, and (3) be willing to say that the marriage is irretrievably broken. If your spouse does those three things, then, there is going to be a divorce. That just leaves the division of property, debts, children, etc.
    Answer Applies to: Washington
    Replied: 10/17/2011
    AyerHoffman, LLP
    AyerHoffman, LLP | Cara Lee Thompson
    Unfortunately you cannot refuse. In terms of the waiting period, that depends on the state in which you reside. For instance, in Massachusetts, there is a "nisi" period between the entering of the judgment and when the judgment becomes final.
    Answer Applies to: Massachusetts
    Replied: 10/17/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    NO.
    Answer Applies to: Michigan
    Replied: 6/3/2013
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    Florida is a no-fault state, so if one party believes that the marriage is irretrievably broken, the courts will generally grant the divorce even if one party does not want to proceed.
    Answer Applies to: Florida
    Replied: 10/17/2011
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    You can, but you will be divorced anyway. Everyone who wants a divorce in New Jersey gets one. You cannot compel someone to be married to you.
    Answer Applies to: New Jersey
    Replied: 10/17/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    In Wisconsin, the courts do not order counseling prior to granting a divorce. Since this is a no-fault divorce state, only one party needs to request the divorce. However, there is the 120 waiting period due to this, in the event the parties can reconcile or the party requesting changes his or her mind.
    Answer Applies to: Wisconsin
    Replied: 10/17/2011
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    You can refuse, but you need two people to want to go to counseling. If he does not want to you cannot force him. A divorce takes time if one party does not agree. Can you convince your husband to go to counseling while the divorce proceeds? Sure. I wish you the best.
    Answer Applies to: New Jersey
    Replied: 10/17/2011
    Law Offices of Marshall R. Hoekel, LLC | Marshall Hoekel
    In Missouri, you can delay but not stop divorce.
    Answer Applies to: Missouri
    Replied: 10/17/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You can refuse all you want and in a no fault divorce, you will accomplish two things: (1) You will make it cost far more for both of you, and (2) Your focus will probably make the rest of the case go badly. You cannot prevent a divorce. You can (with a lawyer) probably make the outcome better.
    Answer Applies to: Georgia
    Replied: 10/17/2011
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    There will be a trial, if he wins the divorce will be granted.
    Answer Applies to: New York
    Replied: 10/17/2011
    Law Office of Pashan Movasseghi, Esq.
    Law Office of Pashan Movasseghi, Esq. | Pashan Movasseghi, Esq.
    You can contest the divorce. There are various statutory time requirements regarding jurisdiction and the grounds for divorce that must be taken into consideration. I recommend consulting with a local attorney to discuss your case in detail.
    Answer Applies to: New York
    Replied: 10/17/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Either party has a right to proceed with the divorce without the other spouse's consent. If your spouse voluntarily agrees to counseling, take advantage of that opportunity. However, you cannot force him to be in marriage counseling.
    Answer Applies to: California
    Replied: 10/17/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Not in Colorado or most states. No fault divorce generally means that it only takes one spouse to decide to end the marriage.
    Answer Applies to: Colorado
    Replied: 10/17/2011
    441 Legal Group, Inc.
    441 Legal Group, Inc. | Gareth H. Bullock
    In Florida that is very difficult. You can request the court send you to counseling, but ultimately if he really wants a divorce there's very little you can do to stop it.
    Answer Applies to: Florida
    Replied: 10/17/2011
    Hugo Florido ESQ.
    Hugo Florido ESQ. | Hugo Florido
    No.
    Answer Applies to: Florida
    Replied: 6/3/2013
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    In Washington you can force one counseling session but that is a waste of time most likely.
    Answer Applies to: Washington
    Replied: 10/17/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    In California, it only takes one person to file for divorce. If the other spouse refuses to participate in the divorce, then the case can be finalized by "default." In short, if one spouse wants a divorce, and proceeds by filing a petition and thus opening a case with the local county court, then there is nothing the other spouse can do to stop it. I.e. you can't force someone to stay married if they don't want to be. As for waiting time, the court will not issue a final judgment of dissolution until 6 months after the respondent was served with the divorce petition. It would be wise to call a local family law lawyer so you can learn about your rights.
    Answer Applies to: California
    Replied: 10/15/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    Yes. Ask for a legal separation instead.
    Answer Applies to: California
    Replied: 10/15/2011
    The Zwiebel Law Firm, LLC
    The Zwiebel Law Firm, LLC | Elizabeth Zwiebel
    In Alabama a divorce will be granted even over a spouse's objection. You should hire an attorney to protect your rights.
    Answer Applies to: Alabama
    Replied: 10/14/2011
    Attorney Paul Lancia
    Attorney Paul Lancia | Paul Lancia
    The answer is No and No. You should not represent yourself in court.
    Answer Applies to: Massachusetts
    Replied: 10/14/2011
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    No. Counseling is not required and there is nothing the court will do to force an individual to remain married. The only contestable issues are economic and related to any children of the marriage.
    Answer Applies to: New York
    Replied: 10/14/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    You cannot refuse a divorce and counseling is not required.
    Answer Applies to: Georgia
    Replied: 10/14/2011
    The English Law Firm
    The English Law Firm | Robert English
    No, you can't refuse the divorce. The court will not order counseling if he does not want it.
    Answer Applies to: California
    Replied: 10/14/2011
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