My husband and I have been married for 31 yes. We have lived apart he in mystic, CT, and I in st. Louis MO. For the past 9years. He does not want to divorce me, can he prevent me from divorcing him?
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My husband and I have been married for 31 yes. We have lived apart he in mystic, CT, and I in st. Louis MO. For the past 9years. He does not want to divorce me, can he prevent me from divorcing him?
Can I divorce my husband if he refuses
Asked on October 26, 2019 under Family Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, he cannot stop you from divorcing him: divorce does not need mutual agreement or consent, and one person may not force the other to stay married. Your state, like most, has "no fault" divorce--you can divorce if you now have "irreconciliable differences" with your spouse, which effectively means that you don't want to remain married any longer. You need to file a legal case (lawsuit) for divorce in family court; while you can do this on your own, you are strongly advised to retain a family or matrimonial law attorney to help you, unless you are comfortable with reading, understanding, and applying the law and court procedures. The lawyer can also help make sure you get all the assets to which you are entitled and support (alimony) if your situation calls for it (e.g. if your husband were the sole or main breadwinner).
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