How can I get a divorce if my husband doesn’t want one?

UPDATED: Jan 12, 2012

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How can I get a divorce if my husband doesn’t want one?

He and I live in different states. We have no children and no common property.

Asked on January 12, 2012 under Family Law, Ohio


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am sure that you know that it is so much easier for you to part amicably and "uncontested" rather that be embroiled in a divorce action, especially when there seem to be no issues to resolve such as custody, visitation, etc.  But you need not be forced to stay married just because your spouse does not wish to become divorced.  So as long as you meet the residency requirements for your state to file you can do so.  And if you know where he is you can have him served (although there are special rules for those out of state so ask).  Good luck to you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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