In a “no fault” divorce state there is nothing that your husband can do to legally prevent you from filing for and obtaining a divorce decree from the court. However, a spouse could potentially stop a “fault” divorce by either convincing the court that he/she was not at fault or by asserting some type of defense. The defenses associated with “fault” divorces are complicated. Also, since the laws vary, sometimes a person filing for divorce will evaluate which state’s laws are more “friendly” to their situation. Of course, in order to file for divorce in a particular state, the petitioner must meet that state’s filing and residency requirements first. Accordingly, it is important to consult with an attorney if you have any questions about your state’s divorce laws or if there would be any advantages to filing for divorce in a particular state.
While divorce may be common, when you go through it yourself, you still deserve dedicated, personal focus on your rights and unique situation. An experienced divorce lawyer can help you figure out the best way forward, explain the law, and represent you in court if it is ever necessary. Take the first step now and contact a local divorce attorney to discuss your divorce.