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If the other person doesn't want divorce can it still be done?


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I have read and heard a lot that you have to petition as to why you want a divorce and the other spouse has to agree in order to be finalized, what if the other spouse does not want a divorce and refuses to get it, can you still divorce them?

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whichwayisup

Yes. Just file. He can contest it all he wants but it won't do any good.

 

Talk to your family and get support from them and your closest friends. You also need a lawyer.

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The other spouse does NOT have to agree to a divorce or even to sign anything to get a divorce.

 

This is a myth created by movies and TV drama for plot purposes.

 

Often it is a much simpler process if the spouse is co-operative, agrees to the divorce and signs the paperwork, but if they refuse, it's not a major problem. It may take a little while longer and cost a few bucks more but it won't bring the whole process to a halt like the TV suggests.

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Divorce law varies from state to state, but all 50 states have no-fault divorce laws, thus if you want a divorce, your spouse does not have to agree. I can't speak for other countries outside the U.S.

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It depends on where you are. In the US you can get a divorce even if the other person doesn't want it. That might not be true in all countries. Under Jewish law only the husband can grant a Get -- a religious divorce.

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