If she is not ready for a mutual consent divorce and its even not possible for you to continue anymore, then you can file a petition for Divorce in the Court and you will have to contest the same in the Court. There are two ways of getting a divorce in the Hindu Marriage Act.
Moreover, how can I get divorce from my wife?
9 Steps for Telling Your Spouse You Want a Divorce
- Don’t Ambush Your Spouse. Even if your spouse knows how unhappy you are, there is no assurance he/she isn’t in denial about a divorce. …
- Pick a Private Place. …
- Be Prepared for Anger. …
- Plan What to Say. …
- Don’t Blame. …
- Stay Calm. …
- Avoid a Trial Separation. …
- Maintain Boundaries.
Likewise, what happens when one spouse doesn’t want a divorce?
If you properly served the divorce petition and your spouse filed an uncontested response, but won’t sign off on the final divorce papers, courts in some states may allow the case to proceed as though it’s uncontested. You may wait to be assigned a court appearance date.
Can you be forced to get a divorce?
The fact is that California is a no fault state and you do not need your spouse’s signature in order to get a divorce. … If your spouse fails to file and serve you with a response, you can file a request for default against your spouse after 30 days. You can also file a proposed judgment for the court to approve.
Why is my wife delaying the divorce?
A number of reasons can cause this. Your spouse may want to delay things for financial gain. Your spouse may not want the divorce or simply wants to drag it out to punish you. Your spouse may just be difficult and cannot handle the process amicably.
What are the 5 grounds for divorce?
Different Theories of Divorce
- Fault Theory. Under this theory, marriage can be ended when one party to the marriage is responsible or liable for the offence under matrimonial offences done against another spouse. …
- Mutual Consent. …
- Irretrievable Breakdown. …
- Adultery. …
- Cruelty. …
- Desertion. …
- Conversion. …
- Insanity.
Is a sexless marriage grounds for a divorce?
Despite these numbers, a common phenomenon in marriage is the waning of sexual interest in one’s partner. This can often lead to a sexless marriage‘which in turn can lead to divorce. … If a spouse is withholding sex, or using it as a weapon, this is immediate grounds for divorce.
Can husband divorce his wife?
According to the Hindu Marriage Act, 1955; a petition for a ‘mutual divorce‘ can be filed if you and your spouse are facing difficulties and have decided to part your ways legally. you can even file for divorce if the other party is not willing to get a divorce– this is called, ‘Contested Divorce‘.
Why would a divorce be denied?
A procedural mishap is the most common reason your divorce filing may be rejected. … You may not meet the residency requirements to file for divorce in the state in which you filed. You may have missed a required court form in your filing. You may not have appropriately served your spouse with the divorce papers.