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Do both parties need to agree on a divorce to actually have the divorce go through?

Columbus, OH |

Wife wants a divorce but I don't.

Attorney Answers 2


  1. The simple answer is that in Ohio, one spouse may file for separation and obtain a property settlement, spousal support and all of the other results of a divorce; take up separate residence; and after a year of living separate and apart without cohabitation, have grounds for an automatic divorce. So no, you cannot force someone to stay married to you. May as well get used to the idea that you are once again going to be single and strike the best deal possible under the circumstances.

    THE ANSWER PROVIDED is for general informational purposes only. This attorney does not intend to give legal advice. Evaluating the statutes and case law, as well as any relevant court documents together with a more detailed factual analysis could result in a different response. The attorney does not intend to create an attorney/client relationship by the response. Anyone seeking legal advice should always consult with retained legal counsel for a full evaluation of his or her claims.


  2. No, a divorce can go through if the party seeking a divorce can prove a statutory ground for the divorce to be granted. You have the right to contest the grounds of divorce and prove no grounds to divorce exist. Unless she can prove there are grounds for a divorce, then the court cannot grant the divorce on her desire alone.

    However, if you succeed in preventing the divorce, then you remain married to a person who does not wish to be married to you.

    If she does file for divorce, there is a provision in the law that can order the parties into a marital counseling -for at least one session - in order to try to attempt to find out why your wife wants a divorce and if the marriage can be saved (from her perspective).

    I wish you the best of luck in working things out with your wife.

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