What if one of the partner doesnt agree for divorce?

Under the Hindu Marriage Act (HMA), 1955, the husband and the wife have been given the option to file for a mutual consent divorce. However, if your spouse is not agreeing to mutual consent divorce, you may file a divorce petition on the ground of cruelty provided under Section 13(1) of the Hindu Marriage Act, 1955.

Can my husband take everything in a divorce?

The unfortunate reality is that he/she may certainly try to take everything, or at least an unfair share. The rule is that the community property must be divided 50/50, according to “no fault” principles. Each spouse has a fiduciary duty to disclose all assets (and income, expenses and debts).

Can you get a divorce if your spouse doesn’t want one?

You can still get a divorce even if your spouse does not want one. States do not force a couple to stay together if one person no longer wants to be married. However, it can definitely complicate the process if the other party does not want to go through with it.

What should I do if my husband won’t cooperate with divorce?

If your husband won’t cooperate with divorce, you’ll need to ask questions so you can understand why he’s reluctant in the first place. Because there are always reasons. To divorce your husband, you’ll need to counter his objections so he will (hopefully) agree to move forward towards peacefully ending the marriage.

Will my husband spend a lot of money to get divorced?

Unless your husband is willing to cooperate so you can use a more peaceful and cost-effective divorce method, your remaining option will be adversarial and expensive. So the very problem your husband wants to avoid: spending a lot of money, will happen anyway if he won’t cooperate with your decision to divorce.

How do I divorce my husband who is reluctant to divorce?

To divorce your husband, you’ll need to counter his objections so he will (hopefully) agree to move forward towards peacefully ending the marriage. Here are 3 common objections a husband reluctant to divorce can have and some strategies for overcoming them: Objection #1: “It’s better to stay together for the kids.”