A friend of mines husband will not give her a divorce. He will protest a no-fault if she files. He said he will protest any document she files. He has all the money and she doesn’t want any of it. They have no children together. All she really wants is to get rid of his name of Yakanin. She wishes to change her name to her previous husbands name. They are legally seperated. Can she change her name? How does she do it?
He can protest all he wants but the husband can’t deny a divorce once one year and 1 day has passed. If she has proof of he moving out and establishing a new address (since you say he’ll deny her statement of date of separation), then all the STBX can do is draw out the 30 days. If she makes no claim for ED, then there is nothing left to hold up the process.
In her claim for divorce, she can request to have her name go back to whatever she wishes.
The husband has no choice, there is no way to contest an absolute divorce. In NC if you are separated for a year the divorce is granted. She may also change her name as part of the divorce, either to her maiden name, or to her former married name if she had children with that person.