IfI don’t want a divorce but my spouse does, can he get one without my consent?

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IfI don’t want a divorce but my spouse does, can he get one without my consent?

I don’t want a divorce but my spouse is forcing me to get one. How should I handle this? I have a 5 year old daughter and want to workout the marriage.

Asked on December 27, 2011 under Family Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, your consent is not necessary--no one can force another person to remain married against their will. Consensual divorces are easier and less stressful and expensive than ones where one party fights it, but if someone wants to get divorced, they can, no matter what the spouse wants.

While you should try to work on your marriage if that's what you want, you should also speak with a family law attorney to discuss how to best look after your and your child's interests in the event of divorce.


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