My husband said that he will “not allow” me to get divorced from him. Can he legally stop the divorce?
In a no fault divorce state there is nothing that your husband can do to legally prevent you from filing for and obtaining a divorce decree from the court. However, a spouse could potentially stop a fault divorce by either convincing the court that he/she was not at fault or by asserting some type of defense. The defenses associated with “fault” divorces are complicated. Accordingly, if you have questions related to the prevention of a “fault” divorce, you should consult with an attorney.
Other Separation and Divorce FAQs
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What is a legal separation?
A Legal Separation is similar to a divorce in that the issues relating to child custody, child support, visitation, alimony or spousal support, the division of … more -
What is an annulment?
An annulment is a method of voiding the contract of marriage. If an annulment is granted, the result is that the parties are treated as if the marriage never occurred. … more -
What exactly does it mean to be divorced?
If you are divorced it means that a judge has signed a “dissolution of marriage” declaring that you are no longer legally married to your spouse. … more -
What is the difference between a “fault” and “no fault” divorce?
A “no fault” divorce is one where the spouse filing for divorce does not have to prove that the other spouse did something wrong. All states allow divorces … more -
How do I file for divorce?
Filing for divorce is like initiating any other civil lawsuit – you must first file papers at the courthouse (a “Complaint”). Many states have … more -
How long does it take to get divorced?
This is really a two-part question. Most states require a certain period of time to pass between the filing of the initial paperwork and the issuance of a … more -
My husband and I do not make much money and we really don’t own anything of much value – is there a simplified way for us to get divorced?
It depends. Some states offer a simplified version of divorce that may be available to you. In the states that do, it is usually required that you and your … more
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