If my wife wants a divorce but I don’t so I request that they judge let us do marriage counseling, how likely is he to say yes?

UPDATED: Sep 30, 2022

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If my wife wants a divorce but I don’t so I request that they judge let us do marriage counseling, how likely is he to say yes?

My wife and I haven’t even been married a year and she wants a divorce because she walked in on me deleting some of my old dating profiles and assumed I was cheating on her. She never asked me what I was doing she just walked out of their room and now refuses to talk to me. How likely is there judge to take into consideration that she didn’t let me explain and grant my request for marriage counseling?

Asked on December 26, 2016 under Family Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, your state does have no-fault divorce--if one of the spouses claims that they are "incompatible," he or she can get a divorce over the objections of the other. You simply can't keep someone is married against his or her wishes. So a judge will not order marriage counseling if your wife is determined to divorce--the judge may suggest it, if the judge believes that is appropriate, but cannot require it, and cannot refuse the divorce.

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