What can I do if my wife will not agree to a divorce?

My wife and I filed for divorce 4 years ago she is the one who filed. It was a no-fault divorce. I paid my part but she never did, so I end paying for her but she withdrew her consent. I want to divorce so that I can marry my girlfriend next month. What do I do? I have not heard from her in years and I now live in another state?

Asked on October 9, 2015 under Family Law, Kentucky

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In a situation such as this, you can obtain a "divorce by default" you do not need your spouse's consent. The way it works is, the petitioning spouse the one who files for the divorce files a valid summons and complaint with the court. They must also serve the respondent the non-filing spouse notice of the action. Once this is done, the petitioner is entitled to a divorce if the respondent fails to file an answer within the specified timeframe typically 30-60 days. After that time, they will be deemed to have "defaulted". Accordingly, the petitioner can then file the final paperwork and appear in court. The judge will make their ruling solely on the information provided by the petitioner. Typically, the divorce is then granted on the terms requested.
At this point, you should consult directly with a local divorce attorney who can further advise you as to your rights under specific state law.


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