What can I do if my husband refuses to give me divorce? 23 Answers as of February 26, 2013I filed for divorce from my husband who was incarcerated. He has been incarcerated for the past three years and we have not been together. We have two children together. Our youngest son will be 5 in October. He will not give me a divorce. What can I do?
Law Office of Eric S. Lumberg | Eric S. Lumberg
In Michigan, either party can file for divorce and the court will grant it after service on the other party and further procedures. Consult with an attorney to discuss this process further along with what you can expect.
Answer Applies to: Michigan
Law Office of Joan M. Canavan | Joan Canavan
You can proceed and file for divorce even if he refuses. MA is a state where you can file for divoce on the grounds of an irretrievable breakdown of the marriage. After filing your Complaint for Divorce you will need to serve the Summons on him. After serving the summons, file a Motion for Temporary Orders concerning care, custody, and child support for the children and ask for a hearing to be scheduled. You will need to give him notice by mail of the hearing date and provide him with a copy of the Motion. Although he says that he won't give you a divorce voluntarily, he cannot stop the process from happening and you will get divorced.
Answer Applies to: Massachusetts
Marion E. Ellington, Jr. Attorney at Law, PC | Marion E. Ellington, Jr.
It becomes confusing many times if you do not have legal counsel to assist you. If you did, you might already be divorced. You should call the Clerk's office and ask them to put your case on a court calendar so that you may go forward with your evidence. That way you can obtain the divorce decree from the judge who hears your case.
Answer Applies to: Georgia
Reade & Associates | R. Christopher Reade
In Nevada, there is no such thing as a spouse refusing to get divorced. If you want a divorce and have filed, you simply require a responsive pleading. In the absence of a responsive pleading, you take a Default and ask the Court to sever the marital ties.
Answer Applies to: Nevada
Simpson Law Office, PLLC | Alexander J. Simpson, III
In Mississippi, the fact that he's in prison is grounds for divorce. You do not need his consent. File a fault based divorce, have him personally served with a summons and copy of the complaint. The Department of Corrections will not transport him to attend a divorce hearing. 30 days after he's been served, if he does not file an Answer, the case is triable. You, your lawyer, and at least one witness go to court for a short hearing. You'll need a certified copy of the Sentencing Order to prove he's in prison. You can get that from the clerk of the court that sent him to prison.
Answer Applies to: Mississippi
John H. Sibbison III, Professional Law Corporation | John Sibbison
You do not need to obtain his consent to obtain a divorce but you will need to serve him with the divorce papers so that he has notice. Please contact an attorney for further instructions.
Answer Applies to: California
John Russo | John Russo
He does not have to agree to give you a divorce, especially if you live in a no fault jurisdiction. You file for divorce and you have him served in the can, the main problem you will have not being a lawyer is having him brought into court every time there is a hearing date, each time you must petition the court for a writ of habeas corpus , so that he is brought in from the prison for that hearing, he has a right to be there. Also, I hope he is not in a Federal lockup because that is a pain, you will have to petition for a video hookup.
Answer Applies to: Rhode Island
Diefer Law Group, P.C. | Abel Fernandez
California is a no fault state and you are entitled to a divorce whether he agrees or not. If he is not willing to participate, just file and serve him. You will be able to get a divorce finalized if he refuses to participate.
Answer Applies to: California
Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
Why would he have to "give" you a divorce? Did he file an answer to your original petition after he was served with the papers? If you filed three years ago and the case has never been completed, you might want to check with the Clerk of Court where you filed the case, as it is possible that it would have ben dismissed because of inactivity.
Answer Applies to: Florida