Can my husband make me get a divorce if I don’t want one?

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Can my husband make me get a divorce if I don’t want one?

I’ve been married for 11 months but during these months my husband cheated on me the whole time and had a baby with his mistress. Through all of it I feel like I should have given up but honestly I still love my husband. Also, he’s been taking care of me the whole time (ex. paying for my schooling), so is it possible to receive alimony?

Asked on June 14, 2015 under Family Law, Ohio

Answers:

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

Answered 5 years ago | Contributor

Even if you don't want to one your husband can still get a divorce. He can serve you with a divorce complaint. Once served, you will have a period of time in which to "answer" it.  If you fail to do so within the specified time given, he can proceed with a "default divorce", which is a divorce that is granted in the absence of one of the parties. As a general rule, it is granted on the terms requested by the petitioner.

As for alimony, given the short duration of your marriage, it is unlikley that it would be awarded. That having been said, to be further advised as to your situation, it would be best if you consulted directly with a divorce attorney in your area.


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