What are the options if the wife wants a divorce and the husband does not?

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What are the options if the wife wants a divorce and the husband does not?

Wife wants to file divorce papers but the husband believes the marriage problems aren’t that bad.

She just wants an easy way out.

Asked on July 23, 2016 under Family Law, Kansas

Answers:

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

Answered 4 years ago | Contributor

In a such a situation, the spouse who is filing (i.e. the petitioner) can obtain what is called a "divorce by default". A valid summons and complaint must be filed with the court and the non-filing spouse properly served. If so, then the petitioner is entitled to a divorce if the non-filing spouse (i.e. the respondent) fails to file an answer within the specified timeframe (generally 30-60 days). After that time, the respondent will be deemed to have "defaulted". Accordingly, the petitioner can appear before the judge who will make their ruling solely on the written/oral testimony submitted. A divorce is then typically granted on the terms that are requested. Since all varies from state-to-state, you should consult directly with a local divorce attorney who can best advse you further. You can at least check online for the procedure/process involved.


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