One day a woman sat in my conference room and told me that her husband had “refused to give her a divorce” for the past 20 years.
How sad, that she had felt legally trapped in a relationship for all those years.
I advised her that no one needs his or her spouse’s permission to get a divorce. In Kansas, one need only to assert that the parties are incompatible in order to obtain a divorce, whether the other spouse consents or not. In Missouri, one only needs to assert that the parties have irreconcilable differences to be granted dissolution of the marriage.
Occasionally, while a divorce is pending, the couple does seek counseling or try to reconcile. In those instances the case is either voluntarily dismissed or put on a temporary “hold” status. If the counseling or reconciliation attempts are unsuccessful, either party can refile or reactivate the case. So even then, if one party still wants the divorce, he or she will be granted that divorce.
Richard Ralls of Ralls Law Firm can assist you in determining whether you can enforce grandparent rights. Call us at 913 236 7260 or 816 421 4222. Licensed in Kansas and Missouri.