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