Can my wife get a divorce without my consent and can we both get custody of our child? 10 Answers as of July 24, 2013

My wife and I have been together for 14 years with a 13 year old son. She wants a divorce but I don't.

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Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
Yes if she does not want to remained married you cannot stop her from getting a Divorce but you can ask for full or joint custody.
Answer Applies to: Georgia
Replied: 7/24/2013
The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
The short answer is yes. If she alleges in a dissolution petition that the marriage is irretrievably broken, with no prospect of reconciliation, then a dissolution decree may be entered. That does not mean she will get everything she wants.
Answer Applies to: Arizona
Replied: 7/23/2013
John Russo | John Russo
Why should she need your consent to divorce you, this is 2013, not 1713.
Answer Applies to: Rhode Island
Replied: 7/22/2013
S. Joseph Schramm | Joseph Schramm
If your wife files a complaint for divorce under ?3301( c ) of the divorce code she would need your consent to obtain a decree in divorce. If you are separated for 2 years or more and she filed a complaint under ?3301( d ) as well as an affidavit that you have been separated for 2years or more she can obtain a divorce decree without your consent. You can object to the complaint in either case, claiming that the marriage is not irretrievably broken and the court would refer the parties to counseling. However, this is seldom done and usually only delays the granting of a decree. In either event you can still ask the court to award you custody of your child and, depending on what the court feels is in the child's best interest, it will award full, shared, joint or partial custody.
Answer Applies to: Pennsylvania
Replied: 7/22/2013
Law Office of Annette M. Cox, PLLC
Law Office of Annette M. Cox, PLLC | Annette M. Cox
Anyone who wants a divorce is entitled to ask for a divorce. If you are unwilling to reach agreements with your wife, then that can impact how long a divorce takes and how costly it can be. With regards to custody (now called decision making authority and parenting time), there are many factors that contribute to whether custody will be joint or sole. Generally speaking, if both parents are fit (do not have substance abuse issues) and have been involved with the children, joint legal custody is awarded. I would suggest talking to an attorney about what a parenting time schedule is and what factors are used to determine "custody". By having information, you will know what to expect in the event she initiates a divorce.
Answer Applies to: Arizona
Replied: 7/22/2013
    Kevin H Pate
    Kevin H Pate | Kevin H Pate
    Yes, contested divorces happen frequently. And yes, it is possible to have joint custody of the minor child.
    Answer Applies to: Oklahoma
    Replied: 7/22/2013
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    In Florida, if one party believes that the marriage is irretrievably broken, it is almost impossible for the other party to stop the divorce from happening. As for time-sharing with your son, the courts believe that it is in a child's best interests to have regular contact with both parents, so it is likely that a Parenting Plan would be ordered calling for both parents to spend substantial time with him.
    Answer Applies to: Florida
    Replied: 7/22/2013
    Perez-Jenkins Law, LLC | Patricia Perez-Jenkins
    In Minnesota and in fact in most of the US, no party can force another into continuing a marriage. In Minnesota we have a no fault divorce state meaning you do not have to have a specific reason to get divorced. The divorcing party does not need permission from the other party to get divorced either. As to children, in MN is the presumption that children are better with both parents. There are two types of custody legal and physical. Legal is the right to make legal decisions. Physical is where the child lives. Parents can agree to the time and the custody. If not the judge will decide based on 13 factors that take into account stability, who has been the primary care taker, cultural and religious reasons, the wishes of the children if they are old enough, etc. The exceptions to this presumption is in situations where there has been abuse of the spouse or the children.
    Answer Applies to: Minnesota
    Replied: 7/22/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Yes, she can in Michigan.
    Answer Applies to: Michigan
    Replied: 7/22/2013
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    Yes you do not need to consent to a divorce in Wisconsin. It is a no-fault state that allows either party to say that their marriage is the irretrievably broken with no chance of reconciliation. Yes the court can order you to have joint custody and placement
    Answer Applies to: Wisconsin
    Replied: 7/22/2013
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