Can I get a divorce if I have been separated from my husband for ten years? 34 Answers as of May 31, 2013

My spouse and I have been separated for 10 years. There is no community property, and both of our children are 18 and older. My spouse refuses to sign for divorce. Can I file and get a divorce because we've been apart so long?

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Bruning & Associates, PC
Bruning & Associates, PC | Kevin Bruning
The answer to your question is most definitely yes. It is very important for you to file for divorce. Failing to file for divorce exposes you to the risk that your estranged spouse will create unwanted legal obligations for you.
Answer Applies to: Illinois
Replied: 11/28/2011
Reza Athari & Associates, PLLC | Seth L. Reszko
Yes you can. It will be much easier for you if you know where your husband resides or that his last known address is in the Las Vegas Nevada area.
Answer Applies to: Nevada
Replied: 11/17/2011
Goddard Wetherall Wonder, PSC
Goddard Wetherall Wonder, PSC | Brook Goddard
Yes. Washington state is a no-fault divorce state and thus there is no defense to a party's petition to the Court for a dissolution (aka divorce). The "legal" date of separation is an issue that can be very complicated, and analysis in that regard may go a long way in assessing your right to spousal support, division of assets, attorney fees, and other funds.
Answer Applies to: Washington
Replied: 11/17/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Yes. In Colorado there is no requirement for your husband to sign anything or consent to a divorce.
Answer Applies to: Colorado
Replied: 11/17/2011
AyerHoffman, LLP
AyerHoffman, LLP | Cara Lee Thompson
Yes, you certainly can file.
Answer Applies to: Massachusetts
Replied: 11/17/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Florida is a no fault state and as long as you can swear that the marriage is irretrievably broken, you can get a divorce. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
    Answer Applies to: Florida
    Replied: 11/17/2011
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    You can file for divorce on the irretrievable breakdown of the marriage.
    Answer Applies to: New York
    Replied: 11/17/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    You can just have him served with the documents, and then turn in proposed orders and proceed without his signature, so long as he had notice.
    Answer Applies to: Wisconsin
    Replied: 11/17/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    It will be contested and you should get a lawyer, but yes, you definitely can get divorced.
    Answer Applies to: Georgia
    Replied: 3/29/2012
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Your spouse is not required to participate in commencing or completing the divorce. File and serve your divorce petition and if husband fails to file a response, take his default.
    Answer Applies to: California
    Replied: 11/17/2011
    Lawsmith, The Law Office of J. Scott Smith
    Lawsmith, The Law Office of J. Scott Smith | J. Scott Smith
    All that NC requires is that both spouses live separate and apart for one year. It seems you've met that requirement. NC doesn't require any party to "sign" for the divorce. You need to find a lawyer and have him or her draft a divorce complaint for you and file it and serve it on your spouse.
    Answer Applies to: North Carolina
    Replied: 11/16/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    You don't need your husband's consent to get a divorce in Florida. You should consult with an attorney.
    Answer Applies to: Florida
    Replied: 11/16/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Yes you can.
    Answer Applies to: Michigan
    Replied: 5/31/2013
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    Yes you can, even if he doesn't want to sign.
    Answer Applies to: Illinois
    Replied: 11/16/2011
    Law Offices of Steven A. Hemmat
    Law Offices of Steven A. Hemmat | Steven A. Hemmat
    If your spouse does not agree to a divorce, you should serve your husband with a summons and petition for dissolution. Washington is a no fault divorce state; so long as you believe the marriage is irretrievably broken you can obtain a divorce.
    Answer Applies to: Washington
    Replied: 11/16/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    You need only file the papers and have them served upon him. There no requirement that he sign anything.
    Answer Applies to: New Jersey
    Replied: 11/16/2011
    The Zwiebel Law Firm, LLC
    The Zwiebel Law Firm, LLC | Elizabeth Zwiebel
    In Alabama a divorce can be granted even over the objection of the other party with the proper evidence proven in court.
    Answer Applies to: Alabama
    Replied: 11/16/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    In California, it doesn't matter why you want a divorce, and it doesn't matter if you are living apart or not. If you want a divorce, you simply file the petition and related papers with your local county court. If your spouse refuses to respond, then you can proceed by default. If your spouse responds, but won't agree to settlement terms, then you can get a court order to finalize your case. Contact a local family law lawyer if you need help.
    Answer Applies to: California
    Replied: 11/16/2011
    Charles Regan Shaw, PLC
    Charles Regan Shaw, PLC | Charles R Shaw
    You can file for divorce because you are still legally married until then.
    Answer Applies to: Michigan
    Replied: 11/16/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You may commence a divorce by serving and filing a Summons and Petition for Divorce setting out the facts and the relief you are requesting in the divorce proceeding. Your spouse, the Respondent, has thirty (30) days to file a response to that Petition indicating to the Court where they disagree. If they fail to file a timely response, you may file for a default judgment seeking an order based on your Petition. If your spouse responds to the Petition, the matter can be ended at any time when an agreement is reached, or, if it cannot be reached, in a trial of the issues.
    Answer Applies to: Minnesota
    Replied: 11/16/2011
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