Can I file for divorce alone? 29 Answers as of October 19, 2011

I need to divorce my husband that I have been separated for 3 years already and he just moved back home in Romania, and now I need to know if I can file divorce myself with out him since he failed to let me know.

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Reza Athari & Associates, PLLC | Armand Fried
We have done many divorces against parties in other countries, and usually it is not a problem but it does depend on the judge. The issue is that you have to serve your husband with the summons. First, if he agrees with the divorce, we can e-mail him the docs and he can return the signed and notarized copies. If he does not agree or you do not know where he is now, we can ask the court for an order of publication that allows that service to be done by publication in a newspaper. It takes a little longer to do it that way but it gets done.
Answer Applies to: Nevada
Replied: 10/19/2011
The Law Office of Kem Eyo, LLC
The Law Office of Kem Eyo, LLC | Kem Eyo
It is possible to file for divorce despite your spouse having moved to another country. If you have your spouse's address, you must send them a copy of the complaint.
Answer Applies to: Georgia
Replied: 10/18/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
Yes. It does not require any signature from your spouse to file for divorce. You would draft, serve and file a Summons and Petition for divorce with an Affidavit of Service demonstrating that your spouse received the documents. Your spouse would be required to file an Answer and Counter-Petition within thirty (30) days or face a potential default in court.
Answer Applies to: Minnesota
Replied: 10/18/2011
The Law Office of Cathy R. Cook
The Law Office of Cathy R. Cook | Cathy R. Cook
You can file for divorce, but you must serve him, and foreign service can be complicated. You need to consult with an attorney.
Answer Applies to: Ohio
Replied: 10/18/2011
The McDonnell Law Firm, PLLC
The McDonnell Law Firm, PLLC | Patrick J. McDonnell
Yes you can file divorce alone.
Answer Applies to: New York
Replied: 10/18/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You can file a divorce case here but you will have to get your husband served in Romania either with his consent via Notice and Acknowledgement of Receipt of Service or in accordance with the process service laws for international service on a resident of Romania.
Answer Applies to: California
Replied: 10/17/2011
Hochman and Peppler, LLC
Hochman and Peppler, LLC | Thomas R. Peppler
You may file and have him served by constructive service and Florida will grant the divorce. You should see a lawyer about how this is done and to insure that any property rights you have will not be impaired.
Answer Applies to: Florida
Replied: 10/17/2011
AyerHoffman, LLP
AyerHoffman, LLP | Cara Lee Thompson
Yes, you can file a contested complaint for divorce. Since your husband has moved back to Romania, this could present some difficulties in your case.
Answer Applies to: Massachusetts
Replied: 10/17/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Yes, you can, but service or waiver may be difficult.
Answer Applies to: Texas
Replied: 10/17/2011
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
Yes. You can file for divorce alone. You do not need your spouse's signature. However, he does have to be served with divorce papers in some fashion. You say that he has moved back to Romania. This will likely add some additional steps to accomplishing service upon him.
Answer Applies to: Washington
Replied: 10/17/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You can divorce him even if he moved back to Romania.
    Answer Applies to: New Jersey
    Replied: 10/17/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Yes you can but serving him with the paper work might be a problem. For that reason, you should hire an attorney.
    Answer Applies to: Michigan
    Replied: 10/17/2011
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    You can certainly file for a divorce. However, before any court will grant a judgment, you will have to prove to the court's satisfaction that spouse has been properly served.
    Answer Applies to: New Jersey
    Replied: 10/17/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    Yes, if you do not know his specific whereabouts we can simply file for divorce through publication, where he put him on notice of the pending divorce through a publication in your local newspaper.
    Answer Applies to: Illinois
    Replied: 10/17/2011
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    Yes. You can file for divorce by virtue of separation for more than 18 months. You can also go the basis of abandonment. Chances are not half bad that he will not respond to your complaint and you will get a divorce by default.
    Answer Applies to: New Jersey
    Replied: 10/17/2011
    Law Offices of Marshall R. Hoekel, LLC | Marshall Hoekel
    You can file for divorce. Service on your husband can be accomplished internationally, although that is tricky. There are U.S. Companies that aid with service of process abroad.
    Answer Applies to: Missouri
    Replied: 10/17/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You don't need his permission. See a lawyer. It can be done.
    Answer Applies to: Georgia
    Replied: 10/17/2011
    Law Office of Pashan Movasseghi, Esq.
    Law Office of Pashan Movasseghi, Esq. | Pashan Movasseghi, Esq.
    You can file on you own but he will need to be served. You may wish to consult with an attorney regarding the manner in which that can be accomplished under the circumstances. Good luck! Disclaimer: The response above does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice.
    Answer Applies to: New York
    Replied: 10/17/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend you hire a divorce attorney and ask them about the requirements for service by publication in Georgia.
    Answer Applies to: Georgia
    Replied: 10/17/2011
    441 Legal Group, Inc.
    441 Legal Group, Inc. | Gareth H. Bullock
    Yes you can still file even with him being in Romania.
    Answer Applies to: Florida
    Replied: 10/17/2011
    Hyman, Carter & Patel, PLLC
    Hyman, Carter & Patel, PLLC | Mital D. Patel
    Yes you may file for divorce without your husbands approval or knowledge. Once the divorce has been filed you will need to make sure your husband is served. It would be wise to meet with an attorney to represent you and take care of the process of service issues that may arise since your husband has now moved back to Romania.
    Answer Applies to: Tennessee
    Replied: 10/17/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    You can be the petitioner. You'll have to serve him however.
    Answer Applies to: Washington
    Replied: 10/17/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Yes, you can file for divorce without your husband's presence or knowledge. However, once you file the divorce petition, you will need to serve it on your husband. I'm not sure if Romania is part of any treaty with the U.S. in regards to service of court papers. It would be best to hire a family law lawyer to help you effect service on your husband. Once he is properly served, then you can finalize your case by default. This is assuming your husband does not respond to the divorce petition.
    Answer Applies to: California
    Replied: 10/15/2011
    Law Offices of Paul A. Eads
    Law Offices of Paul A. Eads | Paul A. Eads
    Yes, you may file it alone.
    Answer Applies to: California
    Replied: 10/15/2011
    Attorney Paul Lancia
    Attorney Paul Lancia | Paul Lancia
    Yes but do not represent yourself in court.
    Answer Applies to: Massachusetts
    Replied: 10/14/2011
    Cox & Ryan, PLLC
    Cox & Ryan, PLLC | Annette Cox
    Yes you can. You will need to see if he can accept service however. I would consult an attorney.
    Answer Applies to: Arizona
    Replied: 10/14/2011
    Swann-Zwiebel Law Firm, LLC
    Swann-Zwiebel Law Firm, LLC | Elizabeth Swann
    You need to hire an attorney to file for divorce by publication.
    Answer Applies to: Alabama
    Replied: 10/14/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    You can file but you will still need to have him served with the papers.
    Answer Applies to: Georgia
    Replied: 10/14/2011
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