Can A couple that is going through a divorce file a no fault divorce

UPDATED: Sep 30, 2022

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Can A couple that is going through a divorce file a no fault divorce

My son and his wife have been separated now for 4 months and she is not willing to cooporate, yet she is the one who wants a divorce but refuses to file. What can my son do? If he files can he seek restitution. Also, is he co-signed for a vehicle for her after she was in an accident. He has been trying to get her to remove his name off but she won’t.

Asked on April 20, 2017 under Family Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

He can't force her to cooperate: by definition, "cooperation" is voluntary. He can file for divorce himself if he wants to be divorced--that is his only option. In the divorce proceedings, assets and debts will be divided, which can potentially include getting a court order forcing her to refinance the car in her own name, which will be the only way to potentially get him off the loan (note: the lien holder does NOT have to assist your son; your son's marital problems or issues are not its problems or issues; it does not have to take any account or consideration of his situation). If he wants a divorce, there is no reason for him to wait--he should file immediately.

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