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Category: Family Law
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Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Do both parties have to agree to a divorce to get a divorc

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Do both parties have to agree to a divorce to get a divorce?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good evening. I certainly understand the situation. No, the parties do not have to agree. A person can not be forced to stay married to another party, if they do not want to. Agreeing on the divorce and the matters related to it, just make it uncontested and a much easier process. However, if one parties does not want to cooperate, the other party can file for divorce and have them served, thus starting the divorce process and proceeding accordingly. If the other party fails to respond, they will likely be defaulted with the petitioner being granted the divorce and relief which they seek

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Customer: replied 3 years ago.

My spouse will not agree to leave or to a divorce until they have a down payment for a house handed to them and a house picked out. Is there anything that can be done to force them to leave before they have everything they want?

Yes, once you file for divorce, you can ask the Judge to award you temporary possession of the home, until the divorce is finalized. If a condition to the divorce is you giving your spouse a down payment and you agree, that can be placed in the divorce decree. However, waiting for your spouse to pick out a home is unreasonable and could take an extended amount of time. If the Judge orders you possession of the home, your spouse will need to leave or else they will be in contempt of court or the police may physically remove them.
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