Can my husband divorce me without my consent?

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Can my husband divorce me without my consent?

Asked on January 9, 2013 under Family Law, Texas

Answers:

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

Answered 8 years ago | Contributor

Yes, your husband can divorce you without your consesnt. A person cannot legally be forced to stay married. In the majority of states, in a situation such as yours, the spouse filing for divorce (the" petitioning spouse") can obtain a "divorce by default". As long as a valid summons and complaint has been filed with the court and the non-filing spouse (the "respondent") has been properly served, the petitioner is entitled to a divorce if the respondent fails to file an answer to the complaint within a specified time (generally 30-60 days). After that period, the respondent will be considered to have "defaulted". Consequently, the petitioner can then file their final paperwork and appear before who will then make their ruling solely on the petitioner's written/oral testimony. A divorce is then typically granted on the terms that the petitioner asked for. Note: As a general rule, the repondent has a certain period of time to appeal; after that period has run the court's ruling becomes final. At this point, you should consult directly with a divorce attorney in your area to find our your rights under specific state law regarding your own personal situation.


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