What if my husband wants divorce but I don’t?
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What if my husband wants divorce but I don’t?
My husband left us and is demanding a divorce. I want to work this out with counseling or something. We have
a 4 month old together.
Asked on July 14, 2019 under Family Law, Alaska
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Actually, there really isn't anything that you cn do from stopping a divorce going through. When a spouse refuses to sign divorce papers, the divorce is considered contested. At this point, a hearing must take place in order to establish the reasons for contesting and for it to resolve those reasons. If both spouses appear for the hearing, the court will determine the legal terms of the divorce through testimony and evidence. It will also decide on all settlements and divisions of property. If the non-filing spouse refuses to show for the hearing, the filing spouse has the right to request a "default divorce". In such a case, the court will uphold the divorce request and all on al of the terms requested. Accordingly, that all property divisions, child support amounts and custodial arrangements listed in the divorce papers will be the court’s final decision. The reason the courts make this decision is because the court considers the opposing spouse’s absence to be an implicit agreement to the terms of the divorce. Of course, this assumes that the non-filing spouse was properly with the divorce complaint, etc.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Actually, there really isn't anything that you cn do from stopping a divorce going through. When a spouse refuses to sign divorce papers, the divorce is considered contested. At this point, a hearing must take place in order to establish the reasons for contesting and for it to resolve those reasons. If both spouses appear for the hearing, the court will determine the legal terms of the divorce through testimony and evidence. It will also decide on all settlements and divisions of property. If the non-filing spouse refuses to show for the hearing, the filing spouse has the right to request a "default divorce". In such a case, the court will uphold the divorce request and all on al of the terms requested. Accordingly, that all property divisions, child support amounts and custodial arrangements listed in the divorce papers will be the court’s final decision. The reason the courts make this decision is because the court considers the opposing spouse’s absence to be an implicit agreement to the terms of the divorce. Of course, this assumes that the non-filing spouse was properly with the divorce complaint, etc.
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