Can I divorce my spouse without signing? 25 Answers as of June 21, 2011

We are know longer together and I want to end a loveless marriage.

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If you want to divorce your spouse, you will need to sign the Petition and related documents required for the divorce. Your spouse needn't sign anything to be served, and if he doesn't timely file a Response to your Petitioner, you could file to have his default entered, and then proceed by way of default hearing.
Answer Applies to: California
Replied: 6/21/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
Yes, this is a common misconception. There is no agreement, unless you both agree. So no signature is needed if there is no agreement. In such a situation, the Court will decide what happens to your lives. I suggest you both try your best to agree on equitable distribution, child custody and support and maintenance if any and be done with it. Good luck.
Answer Applies to: New York
Replied: 6/20/2011
Seattle Divorce Services
Seattle Divorce Services | Michael V. Fancher
Under Washington law, for you to file a divorce action, you will need to sign the papers. You then need to serve your spouse. You don't need him/her to sign for the documents to be served. If your spouse does not respond to the petition, then you may complete the case without him/her by default. If your spouse does file a response, then you need to either come to agreement on the terms of the divorce or go to trial to have the court decide the terms.
Answer Applies to: Washington
Replied: 6/20/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
You can commence and finalize an action without the other spouse although they must be given notice.
Answer Applies to: Connecticut
Replied: 6/20/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
You may be able to get a divorce after filing and service on the other spouse (by default).
Answer Applies to: Washington
Replied: 6/20/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Your question is too broad to understand how to answer. One of you will have to sign a petition asking a court to dissolve your marriage. In Colorado, the other spouse's signature is not required to get the divorce, but cooperation may necessary to decide any financial issues.
    Answer Applies to: Colorado
    Replied: 6/20/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    You must file a petition for dissolution in the proper courthouse. You do not need the consent of your spouse, however you will need to serve your spouse with paperwork. In order to insure that your divorce is filed properly, you may wish to contact an attorney to assist you in preparing and serving your dissolution documents.
    Answer Applies to: California
    Replied: 6/20/2011
    The Coyle Law Office
    The Coyle Law Office | T. Andrew Coyle
    You will need to send notice to your spouse that you have filed for divorce. If your spouse, after receiving proper notice, fails to appear or file anything with the court, the court can move forward and grant a divorce.
    Answer Applies to: Illinois
    Replied: 6/20/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    Yes. Your spouse's signature is not required. What is required is that at least one of you has to sign all of the divorce papers. Also, one of you has to be willing to go into court and swear that the marriage is irretrievably broken. So, you can get divorced without your spouse's signature. That being said, your divorce will likely be easier, cheaper, and faster if the two of you can come to an agreement and if both of you sign all of the papers.
    Answer Applies to: Washington
    Replied: 6/20/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    You must file the papers and have him noticed for court if he defaults the judge can grant the divorce without anyone signing.
    Answer Applies to: Florida
    Replied: 6/20/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    Without signing what? Who not signing? The only things that need to be "signed" are court documents. If the other side doesn't want to sign, you can still go forward and get a divorce.
    Answer Applies to: Connecticut
    Replied: 6/20/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    No, one of you would need to file the divorce action (or file a joint petition with both of you signing). We do help clients process paperwork only, if you think that is all that is needed.
    Answer Applies to: Wisconsin
    Replied: 6/20/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We are divorce attorneys in Augusta, Georgia. In Georgia, there are generally two ways to get a divorce: contested and uncontested. If you prefer not to sign divorce documents for an uncontested divorce, then discuss with your divorce lawyer your options concerning a contested divorce. Good luck!
    Answer Applies to: Georgia
    Replied: 6/17/2011
    Meriwether & Tharp LLC
    Meriwether & Tharp LLC | Patrick Meriwether
    In Georgia, if you want a divorce, you will have to file a complaint for divorce and have your spouse served with the complaint.
    Answer Applies to: Georgia
    Replied: 6/17/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    In order to divorce your spouse you must file paperwork with the court and you must sign the documents for the divorce to be legal.
    Answer Applies to: California
    Replied: 6/17/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    I am not sure what you are asking. You can file for divorce, but you sign the Petition. Are you asking if the other side needs to agree? If so, then the answer is no. The other side doesn't have to agree for you to get a divorce. If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 6/17/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    The only way to obtain a divorce without the other spouse's signature would be if the other spouse either could not be located through diligent search and you had to file a motion for publication, and/or they simply refused to cooperate with the court, and the Judge had to make an order based on your pleadings alone. The fastest and least expensive way to obtain a divorce would be for you and your spouse to file a Joint Petition for Divorce. However, the two of you will need to have a Separation Agreement drafted and executed before filing. Best of luck.
    Answer Applies to: Massachusetts
    Replied: 6/17/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Generally, there are two ways to get a divorce. Each one requires a commencing a divorce action by serving a Summons and Petition for Divorce on the other party. If an agreement can be reached, it is memorialized in writing and filed with the Court. Each party would sign that agreement. If the parties cannot reach agreement on issues such as property and debt division, the divorce can only be concluded through a trial where a Judge decides those issues.
    Answer Applies to: Minnesota
    Replied: 6/17/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    I am not sure what you mean about signing. You would have to sign the original Petition. He is not required to sign anything if he does not wish to.
    Answer Applies to: Florida
    Replied: 6/17/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Hard to understand your question. Has your spouse submitted a proposed settlement agreement that you don't want to sign? There are only two ways to resolve all divorce issues and terminate your marriage in California: (1) Agreement between the parties (where, yes, you sign various papers, which may include a marital settlement agreement; or (2) by a judge's order, either via a contested trial, or by default. Best to call a local family law lawyer so he/she can explain the divorce process to you.
    Answer Applies to: California
    Replied: 6/17/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Yes. There are two ways one can get divorced. The fast and fairly cheap one is to reach an agreement and everyone signs. The slower and far more costly is to serve him and have a contested case (where you do not need his signature). The main difference is time and thousands of dollars.
    Answer Applies to: Georgia
    Replied: 6/17/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    The two of you do not need to agree on every issue and sign an uncontested divorce agreement, but if you don't reach an agreement you have to file a serve a divorce petition. You need to seek the advice of an attorney as to how ton proceed based on your situation.
    Answer Applies to: Georgia
    Replied: 6/17/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    I assume you meant without her signing. You still have to serve her with the papers, but if she elects not to sign, you can still get your divorce. Please see a domestic relations attorney near you soon.
    Answer Applies to: Ohio
    Replied: 6/17/2011
    Karp Law Offices, S.C.
    Karp Law Offices, S.C. | David N. Iancu
    In Wisconsin, you may file for and be granted a divorce without your spouse agreeing to the same.
    Answer Applies to: Wisconsin
    Replied: 6/17/2011
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