Can I file for a divorce without my spouse's signature if they live in another state? 4 Answers as of July 01, 2011

My spouse and I separated in July, 2009. Since then he moved to Virginia and I have had no contact with him. Can I file for divorce without his signature?

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Gregory T. Buckley, Attorney at Law
Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
As long as you know where he is living so that he can be served with the divorce papers, his signature is not required for you to proceed.
Answer Applies to: Florida
Replied: 7/1/2011
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
Yes, you would file a Petition for Dissolution and then have him served with the Petition where he resides. Once he is properly served, he has 20 days to file his response. You may want to retain an attorney to assist you in order to make sure everything is properly filed, especially if there are any minor children or assets and debts to divide. My office offers free initial telephone consultations if you would like to discuss this matter in more detail, as well as explore the potential rights and options available.
Answer Applies to: Florida
Replied: 6/30/2011
Pontrello Law
Pontrello Law | William Pontrello
Yes, but he must be served properly by Florida statutes.
Answer Applies to: Florida
Replied: 6/30/2011
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