I am unhappy in my marriage and want a divorce. My wife does not want to go through with proceedings. There has not been adultery. Is there a way for me to file for a divorce regardless? Is the consent of my spouse required? Will I need her signature on anything?
No you do not need her consent to file for divorce. You can file and then have her served.
Although uncontested divorces are faster to obtain, you can still file for divorce if your wife does not consent. In New York State, you can now claim "no fault" as a reason for divorce. As long as you can claim that there has been a breakdown in the marriage for at least the past 6 months, then it is grounds to grant the divorce. Although your wife can try and contest the assets and distribution of assets, it is difficult for her to fight granting a divorce when it is based on the No-Fault grounds. w.com
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