Legal Question in Family Law in South Dakota

Spouse unwilling to grant divorce

Can a divorce be obtained when when one spouse claims to be unwilling to grant a divorce?


Asked on 2/07/07, 1:36 am

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Spouse unwilling to grant divorce

Of course the cooperation of the parties, can make the divorce emotional and legal process easier.

However, divorce is NOT something "granted" by one spouse to the other spouse, in any state.

It is a Judgment, Order and "LEGAL Determination made and "granted" by a Court on "grounds" that a Court, of competent jurisdiction, finds sufficient.

Thus, neither party to a marriage has the power or authority to "withhold" or "grant" permission to divorce.

Good luck,

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Answered on 2/07/07, 11:10 am


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