ex wife refuses to give divorce so he can't marry me
August 28, 2009 9:57am CST
my boyfriend was previously married. his ex wife refuses to give him a divorce so that we can't get married. He's upset about it. We talked for a while last night and i told him i was ok with never being married we know we are together and that's fine with me but he wants to be able to get married some day. is there anything you can do in this situation. can somone be forced to sing divorce papers?
• United States
28 Aug 09
My understanding is he can file for a divorce regardless of whether she will sign or not...the only difference is if she won't sign it's considered contested (meaning she's fighting it) as opposed to not contested (meaning she's not fighting it). Contested is usually somewhat more expensive but he can still do one. The thing is he can't be forced to stay married to her either way. Good luck to you both! [b]~~AT PEACE WITHIN~~ **STAND STRONG IN YOUR BELIEFS**[/b]
• Beaconsfield, Quebec
30 Aug 09
Your boyfriend should probably talk to a lawyer or something about this whole situation. The best person to be able to advice him is a lawyer. And then you guys should just take it from there. It might be long and costly, as his wife/ex-wife isn't agreeing to a divorce, but if it's what he wants and what you want, then down the line, it's worth it.
28 Aug 09
Well technically she is not the ex wife, she is still the wife. And legally she has the right to refuse to divorce even if he filed for divorce. So sorry on this one honey but when it comes to divorce cases wives are more favorable than husbands so I'm afraid your hubby can never have a marriage certificate again as long as she is alive and refuses to divorce. Even if your hubby went to court and contested it, there is a great chance that he will lose the case. and no, you cannot force someone to sign divorce papers. Divorce comes in only three categories that is 1. Adultery 2. Domestic violence 3. Irreconcilable differences. So since your situation does not fall in these three categories well am afraid it is just may not be possible for your hubby to divorce.