中国人在美国结婚,如果一方想离婚,一方不肯怎么办?

Question

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Answer 1

晕,别人拿汉语问的肯定就懂咯~

进错房了~但是看到这个人蛮搞笑的

Answer 2

找律师。。一般都是这样

Answer 3

这要看那方,不一样的.

Answer 4

这要看那方,不一样的. This is all wrong. In USA, both man and woman have the same equal rights.

This question depends on which State in USA you are living in. Assume you live in New York or California, you can't divorce in the first year, and thereafter you can apply for a divorce.

The procedure is submit an application to court, with a motion, an affidavit to support the motion and all relevant evidence. You then file the application with a court clerk who will stamp your application and give you a hearing date, and thereafter serve all legal parties including your husband.

At the hearing, the Judge will make a decision. His consent is not important. 99% or close to 100% the Judge will grant the divorce order.

After the divorce order, there still are 2 outstanding issues to be resolved. The first is custody of the children, if there is any. The second is related to money including wealth distribution, alimony and child support. You should try to seek an agreement to avoid further court hearing and court cost. With an agreement, you should have no problem. Without an agreement, the Judge will rule.

I repeat your spouse's consent to divorce is irrelevant. You will get the divorce order.