What can I do if my husband refuses to give me divorce? 23 Answers as of February 26, 2013

I 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?

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Jeff Holmes - Attorney at Law | Jeff Holmes
Washington is a no fault state. You can still file for divorce and receive a divorce even if he does not want to cooperate.
Answer Applies to: Washington
Replied: 2/26/2013
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
Replied: 2/26/2013
Springer Law Office, PLLC
Springer Law Office, PLLC | Francis Springer
In Mississippi you can still have a divorce granted. Being sentenced to prison is a ground for divorce in Mississippi.
Answer Applies to: Mississippi
Replied: 2/26/2013
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
Replied: 2/26/2013
Kalil & Eisenhut, LLC | Michael N. Kalil
There is no defense to a no fault divorce in NY. If he won't "give you a divorce", who cares. If you want it you're going to get it.
Answer Applies to: New York
Replied: 2/26/2013
    James L. Daniels Attorney at Law L.L.C. | James Louis Daniels
    You do not need his permission if you have lived separate and apart voluntarily for 365 days.
    Answer Applies to: Louisiana
    Replied: 2/26/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    File anyway, he has no choice in the matter.
    Answer Applies to: Michigan
    Replied: 2/26/2013
    Marion E. Ellington, Jr. Attorney at Law, PC
    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
    Replied: 2/26/2013
    Law Office of Kristine McDonnell | Kristine McDonnell
    File and have him served. It may be granted over his objection.
    Answer Applies to: Ohio
    Replied: 2/26/2013
    Reade & Associates
    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
    Replied: 2/26/2013
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    If you are a resident of IL you do not need his signature based upon the time that you have been separated.
    Answer Applies to: Illinois
    Replied: 2/26/2013
    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
    Replied: 2/26/2013
    Carey and Leisure | John Smitten
    It only takes one person to get the divorce. Just set your hearing with the court.
    Answer Applies to: Florida
    Replied: 2/26/2013
    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
    Replied: 2/26/2013
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Your husband can't refuse to give you a divorce, you can get one from the court. File for it, have him served and let the process work.
    Answer Applies to: New York
    Replied: 2/26/2013
    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
    Replied: 2/26/2013
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    He can't refuse to give you a divorce. If you had him properly served and he didn't respond, file for a default hearing. Check your local rules re. requirements.
    Answer Applies to: California
    Replied: 2/26/2013
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    If you filed in Arizona, he does not have to "give" you a divorce, you can have a divorce granted over his objection. I recommend you consult with an attorney to discuss this matter in greater detail.
    Answer Applies to: Arizona
    Replied: 2/26/2013
    Diefer Law Group, P.C.
    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
    Replied: 2/26/2013
    Gregory T. Buckley, Attorney at Law
    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
    Replied: 2/26/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Go to trial and get the divorce. The court can grant the divorce without your husband's signature.
    Answer Applies to: Idaho
    Replied: 2/26/2013
    Reger Rizzo & Darnall LLP | Kathleen DeLacy
    You can still petition the Court for a divorce and unless he has a good reason why it shouldn't be granted he can't force you to stay married to him.
    Answer Applies to: Delaware
    Replied: 2/26/2013
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    In Nevada, he doesn't have to agree to a divorce. Ask the court for a trial date for a divorce hearing.
    Answer Applies to: Nevada
    Replied: 2/26/2013
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