What can I do if my husband wants a divorce, but I do not? 33 Answers as of October 28, 2011

Husband wants divorce, I do not. What are my options?

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Roscich & Roscich
Roscich & Roscich | John Roscich
You need to consult a divorce lawyer and discuss your situation to decide how best to proceed and get what you want.
Answer Applies to: Illinois
Replied: 10/17/2011
The Law Office of Kem Eyo, LLC
The Law Office of Kem Eyo, LLC | Kem Eyo
You have none. There are no laws or statutes that would allow you to force your husband to stay married to you.
Answer Applies to: Georgia
Replied: 10/13/2011
Law Offices of Paul A. Eads
Law Offices of Paul A. Eads | Paul A. Eads
File for legal separation or stall the process as long as you can. You can always get married again.
Answer Applies to: California
Replied: 10/13/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
In California, only one spouse initiating the divorce is required. Consent by the other spouse is not a factor.
Answer Applies to: California
Replied: 10/28/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
In short, a divorce can't be prevented. All that needs to be shown is the marriage is irretrievably broken.
Answer Applies to: Washington
Replied: 10/28/2011
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
If your husband wants a divorce, he will obtain one. You cannot stop him from obtaining a divorce. All he has to state is there are irreconcilable differences and the court will rule in his favor.
Answer Applies to: California
Replied: 10/12/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Unfortunately not many, at least not legal options. You can ask him to drop the divorce. You can ask him to go to counseling. You can ask him to give it another try. You cannot make him work on the marriage, you cannot make him go to counseling or drop the divorce either. Put simply, it takes two to be married, one to quit. He does not have to prove he is entitled to a divorce, he need only tell the Judge he wants out.
Answer Applies to: Texas
Replied: 10/12/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
You can run up a huge bill and he'll win anyway. Or you save money and agree. Eiher way get a lawye.
Answer Applies to: Georgia
Replied: 10/28/2011
Law Offices of Louis M. Leibowitz, LLC
Law Offices of Louis M. Leibowitz, LLC | Louis Leibowitz
You should see a lawyer right away. You can't make your husband stay married to you. He has probably seen a lawyer already. You need to protect your rights. .
Answer Applies to: Maryland
Replied: 10/12/2011
Reza Athari & Associates, PLLC | Armand Fried
In Nevada (unlike in many other states), if you want a divorce, you get a divorce. If he starts a divorce action and alleges simply that you and him have grown incompatible, the court will grant a divorce. There is no defense to the divorce itself. Of course there can be a lot of arguing about money etc. but not about the divorce itself.
Answer Applies to: Nevada
Replied: 10/12/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    In Colorado it only requires one person to want the divorce, so there is nothing you can do to prevent it. Your options are to participate in the settlement process to ensure that you receive fair treatment with respect to property and other financial concerns.
    Answer Applies to: Colorado
    Replied: 10/12/2011
    Law Office of James L. Miller
    Law Office of James L. Miller | James Miller
    California is a no fault state which means if you husband does not want to work on the marriage you will not be able to stop the divorce. Reading Family Code sections 1830-1842 you will be able to force your husband to the table (section 1836) but it may only be to delay the dissolution by 30 days. If you feel that strongly you don't want a divorce the conciliation statutes may be what you need to say you tried everything. During the conciliation stage the court can make custody/visitation orders and support orders.
    Answer Applies to: California
    Replied: 10/11/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    Very few options. You cannot stop him from divorcing you. You can drag out the process and make it last longer, but you cannot stop it.
    Answer Applies to: Florida
    Replied: 10/11/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    If he files, in Ohio you may request a conciliation period. The court will order a ninety day hold on the divorce to allow you seek counseling. See a domestic relations attorney for more information.
    Answer Applies to: Ohio
    Replied: 10/11/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    Florida is a no-fault state, so as long as one party believes that the marriage is irretrievably broken, a divorce will be granted by the courts.
    Answer Applies to: Florida
    Replied: 10/11/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    In Wisconsin, only one party needs to request the divorce.
    Answer Applies to: Wisconsin
    Replied: 10/28/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Unfortunately, it only takes one person to want or acquire a divorce. If they truly want it, the other party cannot stop the process.
    Answer Applies to: Minnesota
    Replied: 10/11/2011
    Swann-Zwiebel Law Firm, LLC
    Swann-Zwiebel Law Firm, LLC | Elizabeth Swann
    In the state of Alabama a divorce will be granted based on the desire of one party to the marriage. So, you will not be able to stop your husband from divorcing you if you live in Alabama.
    Answer Applies to: Alabama
    Replied: 10/11/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Ultimately, you can't stop a divorce if he wants one and pursues it. In California, there doesn't need to be an agreement to divorce nor do you have to prove that either side did anything wrong.
    Answer Applies to: California
    Replied: 10/11/2011
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    If one party wants a divorce, there will be a divorce. You need to get a minister or a good psychologist, a good lawyer and prepare to weather the storm.
    Answer Applies to: New Jersey
    Replied: 10/11/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    You really have no options, other than to participate in the divorce or to bury your head in the sand and suffer the consequences of not participating. California grants divorces based on irreconcilable differences, and you and your husband have irreconcilable differences.
    Answer Applies to: California
    Replied: 10/11/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Unfortunately there is generally no way to stop a divorce. If one party wants a divorce, it will occur.
    Answer Applies to: Georgia
    Replied: 10/28/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    In Washington, you can force one counseling session. That is a waste of time. Make up with him is your only option.
    Answer Applies to: Washington
    Replied: 10/28/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    you can ask that he participate in reconciliation procedures but that will not stop him from ultimately obtaining a divorce.
    Answer Applies to: Connecticut
    Replied: 10/28/2011
    Linda C. Garrett Law
    Linda C. Garrett Law | Linda Garrett
    In California, there is nothing, legally, that you can do. His legal basis for divorce would be "irreconcilable differences." Maybe consider some non-legal options, such as couple's counseling to help heal the marriage or buy him some good books to buy about the aftermath of divorce-especially if there are minor children involved.
    Answer Applies to: California
    Replied: 10/11/2011
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    To work out the best possible economic settlement. You can not prevent the divorce itself.
    Answer Applies to: New York
    Replied: 10/28/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    that is a difficult situation. I have some experience in this area and I can help you with this. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
    Answer Applies to: New Jersey
    Replied: 10/11/2011
    Lewis, Pfanstiel & Williams, PCLO
    Lewis, Pfanstiel & Williams, PCLO | Ryan J. Lewis
    NE is a no fault divorce State. Therefore if one party wants a divorce, the other party cannot stop it.
    Answer Applies to: Nebraska
    Replied: 10/28/2011
    Hochman and Peppler, LLC
    Hochman and Peppler, LLC | Thomas R. Peppler
    You may ask the court to require counseling, but at the end of the process, if your husband insists, the court must grant the divorce. You should not go through a divorce without the help of an attorney. Otherwise you risk losing valuable rights or incurring debts that you should not incur. After the final judgment is entered it is too late to complain about an unjust result.
    Answer Applies to: Florida
    Replied: 10/11/2011
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    If your husband has formed the intent to permanently separate and is seeking a divorce, there is nothing you can do to stop the process. My advice is to seek personal counseling to help you with the pain and loss. Counseling can also help you focus on what will be best for you (and your children, if applicable) in the years ahead.
    Answer Applies to: California
    Replied: 10/11/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    He does not need your consent to get a divorce. You could demand that he participate in joint marriage counseling, but if he still wants a divorce, he will get it.
    Answer Applies to: Oregon
    Replied: 10/28/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    New Jersey is a no fault state; there no legal means to block your spouse from getting a divorce.
    Answer Applies to: New Jersey
    Replied: 10/11/2011
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