Can a divorce be denied if one wants to go to counseling and the other doesn't?
Question Details: My wife wants a divorce but I do not. Can it be denied if I want to go to counseling and she doesn't?
Since all 50 states recognize "no-fault" divorce, it's just about impossible for a spouse who does not want a divorce to prevent one from happening. You can slow the process down by contesting it, however it will eventually go through. If your husband files for divorce on "fault" grounds and you contest, then he must establish to the court that you did what he is accusing you of doing (i.e. adultery, cruelty, etc.). If he can't prove this, then the judge will deny the divorce but your husband can then refile on no-fault grounds. In states that require separation for a no-fault divorce, your spouse can simply leave the marital home and wait out the separation period. If your state provides for no-fault divorces on grounds such as irreconcilable differences, you could try to deny that your marriage has problems, however the court will simply order you to attend counseling. If counseling doesn't save the marriage, the court will then grant the divorce anyway. Even of you refuse to participate in the divorce at all, your husband can still apply for and be granted what is called a "divorce by default".