Does my wife need consent to file for divorce? 42 Answers as of June 02, 2013

My wife told me she was getting a divorce. We haven't even been married a year so we definetly haven't been separated a year. She says she doesn't need my consent to go through with the divorce. Is this true?

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
She is correct, it takes two to be married only one to quit. If she wants divorce you cannot stop her and in Texas, there is no legal separation period, she can file and divorce within 60 days as long as you have separated and ceased living together as husband and wife before the Order is signed.
Answer Applies to: Texas
Replied: 11/9/2011
Law Office of James Bordonaro
Law Office of James Bordonaro | James Albert Bordonaro
Yes, Kansas is a no-fault state meaning a divorce can be granted for any reason.
Answer Applies to: Kansas
Replied: 11/9/2011
Stuart Jon Bierman  Attorney at Law
Stuart Jon Bierman Attorney at Law | Stuart Jon Bierman
Yes, it is true (and on a personal note, I hope that you are adjusting to the presumably difficult emotional ups and downs following your recent marriage). Legally speaking, in NJ a spouse can file for divorce on the grounds of Irreconcilable Differences and obtain a divorce without the consent of the other spouse. There is a waiting time in that she would have to show that the differences lasted for more than 6 months before she filed, but she would not have to wait the much longer 18 month period needed to file for separation.
Answer Applies to: New Jersey
Replied: 11/8/2011
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
No consent is required. She will be able to proceed whether you cooperate or not. You should immediately consult with an attorney.
Answer Applies to: Florida
Replied: 11/8/2011
Law Office of Kathryn L. Hudson
Law Office of Kathryn L. Hudson | Kathryn L. Hudson
A spouse does not need the consent of the other to seek a divorce. The spouse seeking a divorce will need to allege grounds if the parties have not been separated for at least eighteen months. ANY OTHER PRIVILEGE.
Answer Applies to: Arkansas
Replied: 11/8/2011
    Law Office of James L. Miller
    Law Office of James L. Miller | James Miller
    Your wife does not need consent to file for a divorce. In California either party can file for divorce at anytime.
    Answer Applies to: California
    Replied: 11/7/2011
    The Law Office of Cathy R. Cook
    The Law Office of Cathy R. Cook | Cathy R. Cook
    No, your wife does not need your consent to proceed with a divorce. Living separate and apart is only one ground for divorce. There are others, and not much proof is required for most of them.
    Answer Applies to: Ohio
    Replied: 11/7/2011
    Law Offices of Louis M. Leibowitz, LLC
    Law Offices of Louis M. Leibowitz, LLC | Louis Leibowitz
    She does not need your consent to get a divorce. However, she will have to wait a year before it can be finalized.
    Answer Applies to: Maryland
    Replied: 11/7/2011
    The Law Offices of Seth D. Schraier
    The Law Offices of Seth D. Schraier | Seth D. Schraier
    In New York, you must first satisfy the residency requirements set forth in Domestic Relations Law 230. To file for a divorce in New York you must satisfy one of the following residency requirements: 1. The marriage ceremony was performed in New York State and either spouse was a resident of the state at the time of the commencement of the action and resided continuously in this state for one year immediately before the action began; or, 2. The couple lived as husband and wife in this state and either one is a resident thereof and resided in this state for a continuous period of one year immediately prior to the commencement of the action; or, 3. The grounds for divorce occurred in this state and either party is a resident thereof and lived in this state for a continuous period of one year prior to commencement of the action; or, 4. The grounds for divorce occurred in this state and both parties are New York residents at the time the action is commenced; or, 5. If you and your spouse were married outside of New York and you never lived together as husband and wife in this state and the grounds for divorce did not occur in this state either you or your spouse must presently be a resident of New York State and have resided continuously in the state for at least two years prior to bringing this case. In New York State, you no longer have to be separated for a year for divorce. New York now has a "no fault divorce" statute, meaning that you no longer have to prove any grounds for the divorce, nor be separated for a year prior to the divorce. Here's the applicable statute for this new ground: "The relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath. No judgment of divorce shall be granted under this subdivision unless and until the economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel and experts' fees and expenses as well as the custody and visitation with the infant children of the marriage have been resolved by the parties, or determined by the court and incorporated into the judgment of divorce." Therefore, as long as your wife can claim that the relationship has broken down for at least the past 6 months, and she satisfies the residency requirement, then she does not need your consent to move forward with the divorce. If she is able to claim under the no-fault grounds, then the only aspect of the divorce you can contest is the distribute of assets and maintenance awards.
    Answer Applies to: New York
    Replied: 11/7/2011
    Reza Athari & Associates, PLLC | Seth L. Reszko
    Your wife does not need your consent for a divorce. If you wife wanted to file for an uncontested divorce through a joint petition, then she would need your consent. However if she files a complaint, your consent is not required.
    Answer Applies to: Nevada
    Replied: 11/7/2011
    The Zwiebel Law Firm, LLC
    The Zwiebel Law Firm, LLC | Elizabeth Zwiebel
    No. In the State of Alabama a divorce can be granted even over the other spouse's objection. Irretrievable Breakdown of the marriage or Irreconcilable differences can provide the grounds for a divorce that is in the other spouse's opinion - "one-sided." Either of these grounds will give a judge jurisdiction over the marriage to break the bonds of marriage.
    Answer Applies to: Alabama
    Replied: 11/7/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    No, not in Colorado or most other states.
    Answer Applies to: Colorado
    Replied: 11/7/2011
    Bruning & Associates, PC
    Bruning & Associates, PC | Kevin Bruning
    Your wife does not need your consent to file for divorce. She may proceed depending upon the basis for the divorce.
    Answer Applies to: Illinois
    Replied: 11/7/2011
    Ruiz Law Group, P.C.
    Ruiz Law Group, P.C. | Frances Ruiz
    That is true your wife does not need your consent to file for divorce.
    Answer Applies to: New York
    Replied: 11/7/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    That is correct. Only one spouse is required to commence and complete a divorce by way of default.
    Answer Applies to: California
    Replied: 11/7/2011
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    The consent of both spouses is not required. Under Washington law the desire of one party to a marriage is sufficient to authorize a court to grant a dissolution of the marriage. She must, however, provide you with formal written notice.
    Answer Applies to: Washington
    Replied: 11/7/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Your spouse does not require consent to file for divorce. Any person may commence a divorce by serving and filing a Summons and Petition for Divorce setting out the facts and the relief you are requesting in the divorce proceeding. The other spouse, called the respondent, has thirty (30) days to file a response to that Petition indicating to the Court where they disagree. If they fail to file a timely response, you may file for a default judgment seeking an order based on the Petition.
    Answer Applies to: Minnesota
    Replied: 11/7/2011
    DiOrio and Sereni LLP
    DiOrio and Sereni LLP | Robert M. DiOrio
    Your Wife can file without your consent,but cannot proceed to obtain a no-fault divorce until you have been separated for 2 years. A fault divorce has no such time limitation.
    Answer Applies to: Pennsylvania
    Replied: 11/7/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Yes.
    Answer Applies to: Washington
    Replied: 6/2/2013
    Law Offices of Laurie Peters
    Law Offices of Laurie Peters | Laurie Peters
    No.
    Answer Applies to: California
    Replied: 6/2/2013
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    Your wife does not need your consent to file for Dissolution of Marriage. Once she has filed, she must serve the papers on you and you have 30 days to file a Response. You cannot make her stay married to you. I would suggest that you try to get her into marriage counseling so that you can understand why she is doing this and perhaps resolve the problems.
    Answer Applies to: California
    Replied: 11/7/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    In California, it only takes one person to file for divorce. California is a no-fault state. Meaning, the reason for divorce is irrelevant. If a person wants a divorce, there is nothing the other spouse can do to stop it.
    Answer Applies to: California
    Replied: 11/7/2011
    Attorney Paul Lancia
    Attorney Paul Lancia | Paul Lancia
    No, consent is not necessary for you to have a divorce granted by the courts in Massachusetts.
    Answer Applies to: Massachusetts
    Replied: 11/7/2011
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