Do I require his consent to file and be granted a divorce?

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I have been legally separated from my husband for almost a year. He has moved on with a new girlfriend, and I have moved on with someone else as well. He is currently in some legal trouble and based on the grounds that if we're divorced I may be compelled to testify against him he is refusing to grant me a divorce. I really want to move on with my life and so my question is: Do I require his consent to file for and be granted a divorce after a full year of legal separation? Any help/advice would be greatly appreciated. Thank you

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Andrew J. Kania, LL.B., LL.M.

10 years ago

Answer: Simply put, “no” you do not need his consent. We can commence a Court Application, and obtain the divorce for you in approximately three months, assuming that you have your marriage certificate, and regardless of whether he fights it. If you wish to discuss this please call me at: (877) 668-9386 for a free consultation.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).

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