Legal Question in Family Law in Missouri

Divorce without consent?

Is it possible to divorce a spouse without that spouse's consent?


Asked on 11/26/97, 3:06 pm

2 Answers from Attorneys

Jes Beard Jes Beard, Attorney at Law

Divorce without consent?

Though I'm not licensed in your state, I am confident I can answer that in any state in the country you can get a divorce without your spouse's consent. Generally this will involve a showing of fault on the part of your spouse.

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Answered on 11/26/97, 9:34 pm
Robert Friend Robert H. Friend, Attorney at Law

Divorce without consent of spouse

I don't know about your state, but the primary gound for divorce in my state (NC) is one year's separation. A divorce in my state after separation of one year doesn't require any consent of the spouse; it just requires that he/she be legally notified of the proceeding. Then he/she has the right to come in and contest things like child support, custody, alimony, property rights, etc.

But if you're talking about a spouse that you are now living with, there may be remedies such as "divorce from bed and board" which is a legally-enforced separation based upon various legal criteria. Keep in mind that this is not a final, complete, divorce, but might become grounds for one after the year's separation (in my state - NC) has been completed. There may be other options in your state. It's time you consulted with an experienced divorce attorney in your state.

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Answered on 12/02/97, 10:13 am


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