Family Law Questions? Ask a Family Lawyer Online.
Hi - my name is Kirk and I'm a Family Law litigation attorney here to assist you.
You can file for divorce whether or not your spouse agrees - it just makes the process a little more difficult because you're both not in agreement to separate. This is called a "contested divorce".
You must file a petition for divorce, she will be served with the petition and be allowed to respond and you'll begin the process of dividing property, assets, child custody and support issues, etc.
The process is the same, but it just takes longer because everything will be contested; you'll have to go to court several times on various issues, etc.
Ok. Well, that's great that you have this agreed to. However, if she refuses to file uncontested (joint petition for divorce), you'll still have to file the petition on your own and sue her for divorce.
It will be a contested divorce unless you file a joint petition.
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