Can I get a divorce if I have been separated from my husband for ten years? 31 Answers as of March 29, 2012

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.

You can file for divorce on the irretrievable breakdown of the marriage.

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.

It will be contested and you should get a lawyer, but yes, you definitely can get divorced.

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.

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.

You don't need your husband's consent to get a divorce in Florida. You should consult with an attorney.

Yes you can, even if he doesn't want to sign.

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.

You need only file the papers and have them served upon him. There no requirement that he sign anything.

In Alabama a divorce can be granted even over the objection of the other party with the proper evidence proven in court.

You can obtain a divorce whether your spouse will cooperate or not - it does not matter how long you've been separated.

Yes. You don't need him to sign off on anything in order to get a divorce.

In Virginia, you only need one year's separation if there is no settlement agreement. In your case, you can file at any time since you meet the minimum separation period. Since you do not have a settlement agreement, it will be considered a contested divorce and placed on the court's trial docket.

You don't need a reason to get divorced.

Yes. You don't need his permission.

Yes you can file for divorce under these circumstances.

Yes. Your spouse does not have to sign to get divorced. You do have to file the pleadings and serve him with a copy of everything you file.

In California there is no requirement that you be separate or that you have "cause" for the divorce. The simple answer to your question is that YES you can get divorced. If you want to do it on your own, use the facilitators at the court house, otherwise call an experienced family lawyer and get to work.

He doesn't need to sign anything. You can file and when it is scheduled for a final hearing, if he doesn't appear a default judgment is entered against him.

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.

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.

You can file for divorce because you are still legally married until then.

In Washington state you can file for divorce with or without his signature. The duration of your separation is not relevant.