On what grounds can I get a divorce if my spouse does not agree to divorce me? 27 Answers as of July 06, 2011

What are the legal grounds to get a divorce from my husband who has mental problems if he refuses to divorce me? Do I need to prove he has these mental problems?

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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 dissolution state. You do not have to state any grounds for the dissolution. The Dissolution Petition simply states that the marriage is irretrievably broken. You will not be asked for details. Your spouse does not have to agree to the dissolution.
Answer Applies to: Washington
Replied: 7/6/2011
Vincent J. Bernabei LLC
Vincent J. Bernabei LLC | Vincent J. Bernabei
No. In Oregon, you can get a divorce without his permission on grounds of irreconcilable differences.
Answer Applies to: Oregon
Replied: 7/5/2011
ROWE LAW FIRM
ROWE LAW FIRM | Jeffrey S. Wittenbrink
You do not need any fault grounds for a divorce, whether or not your husband has mental problems. You may get a divorce, whether or not he agrees, based upon your desire for divorce and living separate from your spouse for a period of time, depending on the circumstances. Your spouse's mental problems will be relevant if he is incompetent to be sued, and in that case you may have to have him interdicted, and someone appointed to care for his interests. Depending on the severity of the mental problems and your husband's role in his care, he may be absolved from fault in the breakup of your marriage. If he is unable to work due to his mental problems, you may be required to support him in some manner until or unless he can support himself.
Answer Applies to: Louisiana
Replied: 7/1/2011
Gregory T. Buckley, Attorney at Law
Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
Florida is a no-fault state, so both parties do not have to agree for a divorce to be granted. Your husband's mental problems could be a factor in determining custody of any children you might have.
Answer Applies to: Florida
Replied: 7/1/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
Washington is a no fault State. All that needs to be shown is the marriage is irretrievably broken.
Answer Applies to: Washington
Replied: 7/1/2011
    Law Office of Daniel B. Rubanowitz, APC
    Law Office of Daniel B. Rubanowitz, APC | Daniel B. Rubanowitz
    California is a "no-fault" state, meaning anyone can get a divorce if they want one. In California, the only grounds for dissolution of marriage are irreconcilable differences, which has caused the irremediable breakdown of the marriage, or incurable insanity. Although incurable insanity ("mental problems") sounds like good grounds to most people when they want to dissolve their marriage, it is generally much more difficult and expensive to prove. You should consult with an attorney to determine what is best for you and your family. Good luck.
    Answer Applies to: California
    Replied: 7/1/2011
    Meriwether & Tharp LLC
    Meriwether & Tharp LLC | Patrick Meriwether
    In Georgia, you only need irreconcilable differences to get a divorce.
    Answer Applies to: Georgia
    Replied: 6/30/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    In Colorado and most other "no fault" states, it is irrelevant what the other spouse wants. His "mental problems" are only relevant if they are sufficient to indicate that he is the legal "equivalent" of a child - meaning that he lacks the capacity to make decisions for himself. You probably should discuss the situation with an attorney who can help you assess what the "mental problems" are.
    Answer Applies to: Colorado
    Replied: 6/30/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    No - CT is a no fault state.
    Answer Applies to: Connecticut
    Replied: 6/30/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    In NY and in most states, there is now "No Fault" divorce which needs no grounds other than you want a divorce. Speak to a matrimonial attorney right away. Good luck.
    Answer Applies to: New York
    Replied: 6/30/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    I would recommend that you consult with a divorce lawyer near you about all your rights and options. In Georgia, alleging a fault ground is not required, in order to get a divorce, but your own attorney can best advise you as to your options, after a careful discussion of all the facts. Good luck.
    Answer Applies to: Georgia
    Replied: 6/29/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    No, there are no grounds necessary in Florida other than that one of the parties to the marriage wants the marriage to be over because it is "irretrievably broken" for whatever reason. Florida is a no fault state. So, all you would need to do is file the divorce, serve him, and proceed from there. Whether he cooperates or not, there is no way that he can stop the divorce if you want one. I would suggest speaking with an experienced family law attorney though in order to properly determine what the potential issues might be in a dissolution proceeding, as well as your potential rights and options. My office offers free initial telephone consultations if you would like to discuss this matter in more detail, as well as explore the potential rights and options available.
    Answer Applies to: Florida
    Replied: 6/29/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    No, Texas is a no-fault state, You only have to prove you do not want to remain married and this proof is basically you stating that you do not want to reconcile.
    Answer Applies to: Texas
    Replied: 6/29/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    I do that because that is where I am at, and, each state has its own laws on this subject. If you are in Washington, then you do not need "grounds" to get divorced. You do have to be willing to swear in court that the marriage is irretrievably broken. As long as you are willing to do that, then, sooner or later, the divorce is going to happen. As to other states, I really cannot speak to their laws.
    Answer Applies to: Washington
    Replied: 6/29/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    No grounds are necessary to file for divorce and you need only attest that the marriage is irretrievably broken.
    Answer Applies to: Minnesota
    Replied: 6/29/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    In Michigan, you do not need grounds other than there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed.
    Answer Applies to: Michigan
    Replied: 6/29/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    No grounds, Florida is a no fault state. only that the marriage is broken and can't be repaired.
    Answer Applies to: Florida
    Replied: 6/29/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    In many states, no reason for a divorce is needed. If it is required in your state, a good domestic relations attorney can help you establish cause from the statutory options.
    Answer Applies to: Ohio
    Replied: 6/29/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    If you live in a "no fault" state, you don't need grounds. If you in a fault state, I would suggest you check your state's statutes for the grounds permissible and use the one that best fits your situation. If you cannot find the statutes in question, consult an attorney.
    Answer Applies to: Connecticut
    Replied: 6/29/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law no grounds are needed to get a divorce, not does your husband have to agree to a divorce. You can file a divorce action and your husband can decide whether he wants to be involved.
    Answer Applies to: Washington
    Replied: 6/29/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    If in California, you do not need to prove anything to get a divorce, other than you want it by checking a box on the dissolution petition. California is a "no fault" divorce state. Meaning, you merely check a box stating that there are irreconcilable differences, and thus you want a divorce. If the other spouse does not want a divorce, too bad. There is nothing they can do to stop it. If they don't participate in the process, then you can proceed by default. Good luck.
    Answer Applies to: California
    Replied: 6/29/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Whereas incurable insanity is one of the grounds for a dissolution of marriage, the easiest ground, by far, is "irreconcilable differences". You have irreconcilable differences with your husband: You want a divorce, and he doesn't. The Court will grant you the divorce you seek.
    Answer Applies to: California
    Replied: 6/29/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    In California you need no legal grounds to file for divorce. This is a no fault state. The other spouse cannot prevent you from filing. However, if you live in another state you need to confer with a lawyer in your state.
    Answer Applies to: California
    Replied: 6/29/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You don't say what state you are in, so we cannot answer you. Many but not all states have no-fault divorces so the grounds may be irrelevant. Ask your lawyer for more details.
    Answer Applies to: Georgia
    Replied: 6/29/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    No fault divorce. Also, get a consultation from a local attorney. Good luck.
    Answer Applies to: Utah
    Replied: 6/29/2011
    Rogosheske Lawton
    Rogosheske Lawton | Kelly Lawton Rogosheske
    In Minnesota you dont need any reason, its a no fault state which means all it takes is one person just not wanting to be married anymore.
    Answer Applies to: Minnesota
    Replied: 6/29/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If you live in a no fault state you would not need to prove any fault. Have a consultation with a lawyer in your area to discuss the details of your case.
    Answer Applies to: Georgia
    Replied: 6/29/2011
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