Can either party refuse a request for a divorse by the other party? I live in NJ and a family member is wanting out of the marriage. She told him she wants a divorse, he replied, he won't give her one. Is this it? There is nothing she can do? Doesn't the law allow the process to proceed with only one concenting? Thank you all.
Even though NY is a fault state - my attorney informed me that anyone can get a divorce - the onlt thing left is trying to get favorable terms by the person not wanting the divorce. Sure you can contest the grounds for the divorce - which I did - then then your have to prove either cruel and unusual punishment or some sort of abandonment (actual or constructive). But in the end, all they have to do is make up whatever crap they want to and show how hurt they are by it and rarely would a judge force a marriage to stay together when one person wants out. Also by contesting the divorce, expect huge legal bills $50k to $100k.
Alternatively, the one spouse wanting out can take the kids and not let the other see them. You would have trouble getting a police officer to take the kids away from their parent without a legal document with custody terms. Thus if you wanted to see your kids, you would have to seek legal action anyway...
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