What do I have to do to get divorced from my wife without her consent? 15 Answers as of August 25, 2015

I need to get a divorce on no fault grounds. What do I have to do to make this possible if I have one daughter that is 5 years old that lives with my wife? I can give whatever assets and pay maintenance for my wife and kid necessary after the divorce. Can I get divorced even if my wife is not in favor of it?

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The Law Office of Kimberly D. Moss
The Law Office of Kimberly D. Moss | Kimberly Moss
Yes, you can get a divorce even if the other party does not consent to it. You will need to file for divorce, have your wife formally served with process, and allow her the opportunity to participate in the divorce. It is fairly difficult to pursue a contested divorce on your own, so I strongly recommend seeking a consultation with a local divorce attorney in your area.
Answer Applies to: Texas
Replied: 7/28/2015
Law Office of Barton R. Resnicoff | Barton R. Resnicoff
Custody and support must be resolved, either in Family Court before the divorce or as part of the divorce action. Grounds are no longer required; but if there are assets that should be worked out also.
Answer Applies to: New York
Replied: 7/13/2015
Law Office of Martin A. Kahan | Martin A. Kahan
You do not need her consent. You should consult with a family law attorney.
Answer Applies to: California
Replied: 7/10/2015
Peyton and Associates | Barbara Peyton
File papers that day irreconcilable differences. Have her served with them and go from there. She doesn't have to serve anything. Good luck.
Answer Applies to: California
Replied: 7/10/2015
Darrell B. Reynolds, P.C. | Darrell B. Reynolds
Your wife does not have to consent to a divorce. However, you need to retain an attorney in this matter.
Answer Applies to: Georgia
Replied: 7/10/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Yes. Retain a good lawyer. He or she can draft and file a summons and petition and some other papers, file them, and have them properly served.
    Answer Applies to: Wisconsin
    Replied: 7/10/2015
    Law Offices of Lauren H. Kane | Lauren H. Kane
    Unless you are separated for two years, you would have to file under a fault ground and have a trial if she contests it.
    Answer Applies to: Pennsylvania
    Replied: 7/10/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    California law provides that either party can seek a divorce. You do not need consent from the other spouse. File and serve your divorce petition and accompanying documents. If your ex fails to file an answer in the appropriate time, you can take her default.
    Answer Applies to: California
    Replied: 7/10/2015
    Law Offices of Robert Burns
    Law Offices of Robert Burns | Robert Burns
    Get off the internet. You have divorce, spousal support, child support, division of assets and liabilities, child custody, and maybe other issues. Hire an attorney.
    Answer Applies to: California
    Replied: 7/10/2015
    Diane l. Berger | Diane L. Berger
    You can get a divorce it only takes one to say its over. You just need to file the original document (here in Nebraska it's called a Complaint) and have the papers served on her.
    Answer Applies to: Nebraska
    Replied: 7/10/2015
    John Russo | John Russo
    That would be a yes.
    Answer Applies to: Rhode Island
    Replied: 8/25/2015
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    Yes, divorce does not require agreement of the parties. You should get a lawyer to file the divorce and then have a motion for temporary orders to establish a parenting plan, child support etc.
    Answer Applies to: Washington
    Replied: 7/10/2015
    Law Offices of Julie A. Ringquist | Julie A. Ringquist
    No one can stop you from getting a divorce. Just file the paperwork. If you and your wife come to a settlement on all issues (Custody, Visitation Schedule, Child Support, Spousal Support, Division of all assets, and Division of all debts), you never need to appear in court. If you cannot come to a settlement on some or all of the issues, those will need to be decided by a Judge. You will likely want to consult with an attorney for the best way to approach all of this.
    Answer Applies to: California
    Replied: 7/10/2015
    Goldstein and Peck. P.C.
    Goldstein and Peck. P.C. | William J. Kupinse, Jr
    In Connecticut, a spouse can dissolve the marriage even if the other side is opposed to the dissolution if the marriage has broken down irretrievably and there is no hope of reconciliation.
    Answer Applies to: Connecticut
    Replied: 7/10/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    If you are in Michigan, which is a no-fault state, the other party does not have to agree or consent to the doors. See an attorney.
    Answer Applies to: Michigan
    Replied: 7/9/2015
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