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 4 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).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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