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Is it possible to deny your spouse a divorce?

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Anonymous Asked:

Hi, my friend has been separated from her spouse for 3 years. She says that he will not "give her a divorce". Is it possible to deny your spouse a divorce? Can't my friend just file for divorce and he be served papers that he must sign? They have 2 children and she is concerned about their welfare, and doesn't want it to get ugly and drawn out. She doesn't have a lot of money and he has lots of money and lawyers but can he actually deny her a divorce?

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Stuart Zukerman
5 years ago

A: Your friend’s spouse has no say in the matter – once he has been served with the Divorce papers, there is nothing for him to sign or to do and as long as he does nothing, she can proceed to file to obtain the final Divorce order 30 days after he has been served. He can file a Response in which he can oppose the divorce or seek other relief – in which case she can still get her divorce though it would be on a contested rather than on an uncontested basis. The only difficulty I see is that as there are children, the judge dealing with the divorce application has a duty not to grant the divorce unless the evidence satisfies him that reasonable arrangements for the support of the children have been made. So if she has no agreement on child support and no child support order, then the judge will not grant the divorce until that has been out in place.

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