Can I divorce my wife even though she refuses to sign the papers? How? 15 Answers as of August 25, 2015

Can I divorce my wife even though she refuses to sign the papers?

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Glenn Milgraum PC
Glenn Milgraum PC | Glenn P. Milgraum
Absolutely! This is known as a "Contested Divorce". You will have to show appropriate grounds for divorce and all financial and custody/visitation issues will need to be worked out before a divorce can be granted. If your spouse is unwilling to work it out with you, then it will be left for the Court to make an appropriate determination (usually after a hearing or trial or Inquest.)
Answer Applies to: New Jersey
Replied: 7/2/2015
Petit & Dommershausen SC
Petit & Dommershausen SC | Tajara Dommershausen
Yes, file for divorce. If she doesn't cooperate, you will need to schedule a contested divorce date so the judge can decide the points that you both can't agree on.
Answer Applies to: Wisconsin
Replied: 7/2/2015
Diane l. Berger | Diane L. Berger
She does not need to sign any papers. You need to have the papers served on her by a sheriff or constable.
Answer Applies to: Nebraska
Replied: 7/2/2015
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
Yes, you need a Lawyer to do this right.
Answer Applies to: Georgia
Replied: 7/2/2015
Law Office of Robert E McCall | Robert McCall
File papers for a contested divorce. She has to sign nothing.
Answer Applies to: Florida
Replied: 7/2/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    That would be a yes.
    Answer Applies to: Wisconsin
    Replied: 8/25/2015
    Attorney at Law | Aimee C. Robbins
    Yes if you have lived separate and apart for one year.
    Answer Applies to: Maryland
    Replied: 7/2/2015
    Ezim Law Firm | Dean Esposito
    Yes, you just need to have her served.
    Answer Applies to: Louisiana
    Replied: 7/2/2015
    Law Office of Darin Kanfer | Darin J. Kanfer
    You can still divorce someone even if they don't sign. All you need is the judge's signature on a judgment.
    Answer Applies to: Michigan
    Replied: 7/2/2015
    Peyton and Associates | Barbara Peyton
    She doesn't need to sign anything. You file papers. Have her served with them. If she doesn't respond, proceed against her by default. If she does respond, set the case for a settlement conference and trial.
    Answer Applies to: California
    Replied: 7/2/2015
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    All you have to do is file and have someone serve her. She can then choose to respond, join the petition or not. If she doesn't respond in some way (this means filing a response or joinder with the court and sending you a copy) you can get a default judgment after 90 days.
    Answer Applies to: Washington
    Replied: 7/2/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    Your spouse does not have to sign the papers. Be certain that you complete and file the papers with the court and then ask for a trial. You will get your divorce whether or not she signs the papers.
    Answer Applies to: Florida
    Replied: 7/1/2015
    Law Offices of Julie A. Ringquist | Julie A. Ringquist
    If you can't both come to an agreement on all the issues, you will need to have a trial and the judge will decide everything and grant your divorce.
    Answer Applies to: California
    Replied: 7/1/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    All you have to do is serve her your original petition and accompanying documents. If she fails to file an answer, you can take her default. If she files an answer, you set it for trial. You don't need her permission to proceed on your divorce.
    Answer Applies to: California
    Replied: 7/1/2015
    The Law Offices of Mandy J. McKellar
    The Law Offices of Mandy J. McKellar | Mandy J. McKellar
    Yes Nevada is a no fault state. You would have to serve her with the Complaint, and if she does not answer the complaint within 20 days you can move forward with Default judgment for Divorce.
    Answer Applies to: Nevada
    Replied: 7/1/2015
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