My spouse has just told me that he/she wants a divorce. Can I oppose the divorce?

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My spouse has just told me that he/she wants a divorce. Can I oppose the divorce?

May 14, 2012, 08:25:00 AM

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My spouse has just told me that he/she wants a divorce. Can I oppose the divorce?

Basically, no. In the United States and Canada, you cannot prevent your spouse from divorcing you. A divorce will be granted whether or not you agree to it, whether you participate in the legal proceedings or not. 

In most of the United States, "No Fault" divorce is the standard. Under "No Fault", your spouse may choose unilaterally to divorce you at any time without having to give any specific reason. 

Many jurisdictions now in fact do not accept anything other than "irreconcilable differences" as the reason for seeking a divorce.

Articles in « General Questions »

• I'm new to all this...where do I start?
• Where can I find information about my State's divorce laws and statutes?
• How is a divorce initiated?
• What is an uncontested divorce?
• My spouse has just told me that he/she wants a divorce. Can I oppose the divorce?
• My spouse filed for divorce. What happens if I don't sign the papers?
• Does one of us have to move out of the house? If I move out, what happens?
• My spouse took the kids and moved out, and now she's telling me that I can't see them. Can she do this?
• Will I get to keep my house/car/property?
• Do I really need an attorney? How do I hire an attorney?
• Where can I find a good attorney?
• What do I need when I see the attorney? What should I bring?
• What are some guidelines for working with my attorney?
• Can I change attorneys in the middle of my case?
• What do I do if my attorney wants to quit in the middle of my case?
• My ex is asking for attorney's fees. Will I have to pay for my spouse's attorney?
• We've lived apart for over a year, does this mean we're legally separated?
• What is a 'legal separation'? What does a Separation Agreement do?
• My spouse had an affair. Can I use this against him/her?
• What happens in a
• I have been married for less than a year. Can I annul my marriage, or do I have to file for divorce?
• How is an annulment different from a divorce?
• What states allow annullments or invalidation of marriages?
• What are the grounds for an annulment?
• My former spouse's obligation to pay me alimony ended when I remarried. If my second marriage is annulled, will my former spouse now have to start paying again?
• What is the legal time frame required to file for an anullement?
• How would I get an annulment?
• Does a divorce or anullment need to be filed in the same state the marriage was in?
• My wife has annulled our marriage. Are we considered legally divorced?
• My spouse and I purchased a car recently; now we're divorcing. What should we do about the car? Is it community property?
• I live in a 'Fault' state. What happens if I can't prove fault? Do I have to stay married?
• My divorce isn't final yet, but my spouse has remarried. Isn't this illegal? What can I do about it?
• My attorney says I have a "sure case". Is there such a thing?
• My ex was supposed to take over the car payment and take my name off the loan, but the creditor is still coming after me. Can they do that?
• My spouse has obtained a credit card in her name only and has charged quite a bit on it. Am I responsible for any of this debt even though I'm not on the card?
• I've filed for divorce and my spouse wants to reverse it because it prohibits her from moving out of state and taking our 2 children. Is there any way she can do this?
• I have joint custody of my daughter and I'm getting ready to move out. Her mom claims that her lawyer told her that I must get a two bedroom apartment and my child must have her own room. Is this true?
• If I start dating someone before my divorce is final, can it be used against me (in a fault State)?
• If there's no paperwork specifying custody, can I keep my child in New York (for example) and not return him/her to Maryland (for example) while I file for custody?
• My girlfriend and I have a child together. I am listed as the father on the birth certificate. Could I take child with me if we broke up?
• What would I be giving up if I agree to give my (soon to be) ex-wife sole custody?
• My spouse is serving in the Armed Forces, stationed in another country. Can I still file for divorce?
• My daughter is hearing impaired. She's not doing well in school because of it, and I want to send her to a special hearing impaired class. Her mom refuses. What can I do?
• My ex has been in numerous short-term relationships with men recently. My son becomes very attached to them, but then they always break up, which is very hard on my son. Will the court help?
• My husband and I are getting divorced and he wants to relinquish his parental rights. How can we do this?
• My ex is in jail and wont be getting out for at least 2 years. Can I file for the divorce myself?
• I've been married for almost three years, if I ask for a divorce and move out, do I have to pay the rent where we stay and the bills. She has never worked during our entire marriage.
• When parents aren't divorced yet, can one parent take child to another state to live permanently?
• My ex is applying for loan and insists she needs proof that I'm paying child support (which I am). Do I have anthing to do with her loan?
• My wife is dating her boss, which would cause her to be fired on the spot. Would this information possibly change the outcome of a child custody battle in a "no-fault" state?
• My ex and I have been in and out court for years. Is there a limit to the number of times she can drag me back into court?
• What states allow annullments or invalidation of marriages?
• I haven't seen my daughter in two years because my ex moved without letting me know her address and phone number. How do I locate her?
• I am in the process of divorce and am legally separated now. Can I get engaged (but not married) before the divorce is final or is that illegal?
• My ex is neglecting her responsibility of carrying health insurance on my child. Is there anything I can do?