If I want to get a divorce but husband doesn’t agree, what can I do?

He threatens abandonment of my children Husband is illigal immigrant, I am in military, kids are with husband and I’ll be living on base for the next 3 months.

Asked on July 18, 2012 under Family Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Legally, your spouse cannot prevent you from divorcing--anyone may divorce his/her spouse. You may, however, as a practical matter, wish to wait until you return from base, so you can be there for your children, before acting. If that is not an option, speak with experienced family law counsel about how to initiate the divorce while taking care of your children in this situation. The important thing to remember is that he cannot stop you from divorcing him, and you do not need his agreement.

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