Can I divorce my husband without him even being served the papers? 25 Answers as of June 23, 2011I want to divorce my husband, I do not want anything from him and I want the divorce to be over as soon as possible. We do not own anything together. Can I divorce him without him being served the papers?
Law Office of Karen A. Clark, L.L.C. | Karen A. Clark
The state of Washington requires you to give your husband notice of your intention to divorce him. Notice may be given by service or publication. There is a mandatory 90-day waiting period from the date of service of the Dissolution Petition and Summons until the final Dissolution Hearing. If you do not want to interact with your spouse, you might want to consider asking someone over the age of 18 to serve him or using a process server.
Answer Applies to: Washington
Reeves Law Firm, P.C. | Roy L. Reeves
No. Think of it this way, in order for a Court, a third person if you will, to make any decisions both parties must be provided an opportunity to be heard. To allow a party to do something without even telling the other side is just unfair. It is also unconstitutional. Our laws demand that both parties be given a chance to be heard. Now, if he is served and does not respond, that is a whole new story. He can choose to ignore the situation, that is fine, you need only give him the opportunity to be heard, he does not have to act upon that opportunity.
Answer Applies to: Texas
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
No. Your husband is entitled to Constitutional Due Process, i.e., notice of the action and an opportunity to be heard. If you don't know where he is, you'll need to hire a private investigator to try to locate him, and if the investigator is unable to locate him after diligently attempting to do so, you may qualify to have your husband served by publication - which is still "service."
Answer Applies to: California
Theodore W. Robinson, P.C. | Theodore W. Robinson
No, you must serve him or have him served personally if possible,by substitute service or through publication if all other forms of notice fail and can be proven. Otherwise, if you do not serve him, the divorce is always subject to being brought back and reopened and you don't want that to happen. In NY we now are a no-fault state and that means you can get your divorce regardless of what he may say to counter your charges against him. Speak to a qualified matrimonial attorney about the matter. It may be easier than you realize. Good luck.
Answer Applies to: New York
The Coyle Law Office | T. Andrew Coyle
This may depend on what state you are in, but as a general answer, no. Your husband is entitled to notice of the divorce as it affects his legal rights (his marital rights to your property if you pass away; his right to marry someone else). If, however, you can't serve him with notice because you don't know where he lives or because he avoids service, you can still get divorced through a 'default' proceeding.
Answer Applies to: Illinois
Goolsby Law Office | Richard Goolsby
Generally, as to Georgia divorces, the other party has a right to be personally served and to have an opportunity to address and raise any issues they want to raise in court. I would recommend that you retain and consult with a divorce attorney where you live about all your rights and options. Good luck!
Answer Applies to: Georgia
Beaulier Law Office | Maury Beaulier
No. Your spouse must be served. If you cannot locate your spouse, you must flie a motion to seek service by substitute service, usually publication. To do so, you must demonstrate a significant effort in seeking to locate and serve your spouse without success.
Answer Applies to: Minnesota
Naomi Hirayasu Attorney at Law | Naomi Hirayasu
If you know where he is, you must serve him or attempt service. If you make all reasonable efforts to locate him and you cannot do so, you may be able to get permission from the court to serve him by publication in a newspaper of general circulation. Please do let me know if I can be of further assistance.
Answer Applies to: Hawaii
Seattle Divorce Services | Michael V. Fancher
No, under Washington law your husband does need to be served. There is a minimum 90 day waiting period in Washington for any divorce. If there are no issues to argue about, hopefully you and your husband could reach agreement during that time.
Answer Applies to: Washington
Law Office of James Lentz | James Lentz
In every jurisdiction I know of, your husband must be served with notice of a complaint for divorce and summons to court. A divorce is like any other lawsuit. In many places, though, your new address and telephone number can remain confidential from your husband. Please contact a domestic relations attorney near you for information.
Answer Applies to: Ohio
The Grigsby Firm | Sherlock Grigsby
You cannot finalize a divorce without serving your spouse, unless the court finds a compelling reason to do so. If you cannot serve them personally, you must still publish the notice for a period of time. YOU should check with an attorney for specific options.
Answer Applies to: District of Columbia
Ashman Law Office | Glen Edward Ashman
No. A divorce is a lawsuit. ALL lawsuits require service. The simplest form of service is for him to sign an acknowledgment, which usually happens in an uncontested case. He can also be served by sheriff, which makes the case contested. Divorce is NOT a do it yourself project. To avoid problems, you must get counsel. Note that you don't get to simply say "I don't want anything" as he also would have to agree to the case. Note that with counsel you often can speed up the process and sometimes even avoid a hearing. You will also avoid the pro se paperwork mistakes that usually slow a case.
Answer Applies to: Georgia