Do I have to grant my spouse a divorce?
State/Country relating to question: Idaho
Thank you for your question about whether one spouse must grant the other a divorce if requested. The technical answer to your question would be "no", but that is misleading. Please allow me to explain how the law works.
When a petition to dissolve a marriage is filed in the courts, the other spouse may also request that the divorce is granted. In that context, the responding spouse may elect to "grant" a divorce to the other.
However, only one spouse needs to consent to a divorce for a divorce to be granted. If one spouse wants to divorce but the other does not, the spouse requesting the divorce may ask a judge to order the marriage dissolved.
In the second scenario, the divorce is not "granted" by the spouse, but it may still be granted by the court.
So if the question is whether a spouse must consent to a divorce request, the answer is no. However, if the question is whether a divorce can still be granted without the spouse's consent, the answer is "yes".
I realize this may not be the answer that you had hoped to receive, but I do hope that it does allow you to know what to expect moving forward. I am glad to answer any other questions you may have or to clarify my response. Once you are completely finished, please positively rate me, since that is the only way I may receive compensation for my time. Thanks.
Attorney experienced in all aspects of family law
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Can I stipulate that I will only grant a divorce if I am financially solvent?gggggggggggg
Can I stipulate that I will not grant a divorce until I know I will be financially ok?
Hello again.When divorcing by agreement, you can make the divorce contingent on whatever you please. You can stipulate that you will not agree to the divorce until you have $100 million, if you please. But remember that the other spouse does not need your permission for the court to order the marriage dissolved. If the other spouse does not want to agree to your terms, the other spouse can move forward with getting a divorce anyway.Incidentally, if one spouse is financially dependent on the other spouse, they would generally be entitled to receive Alimony (spousal support/maintenance). The purpose of alimony is generally to allow each spouse, to the extent possible, to continue enjoying the same standard of living after the marriage that they enjoyed during the marriage.
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