Can I get a divorce without my spouse signing papers? 9 Answers as of June 12, 2012

I am wanted to get a divorce and I have papers ready to file in MI. My ex lives in MI and I in NC. I am a former MI resident. My ex does not want to sign the papers. She wants to wait or either not get the divorce right now. I want to go ahead with the divorce now. Can I still file and get the divorce without her signing the papers and how? Going to file for No Fault in MI. We have two children. Thank You Delmar B.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Leonard A. Kaanta, P.C. | Leonard A. Kaanta
If you file in Michigan, and your spouse was served properly, the divorce can be granted.
Answer Applies to: Michigan
Replied: 6/12/2012
Patrick McCarthy
Patrick McCarthy | Patrick McCarthy
Under Michigan law, it is possible that the party who filed for divorce may not need the opposing party's signature/approval for the divorce to be finalized provided the default procedures are followed. Your inquiry may present a different problem because in order to file for divorce in Michigan certain residency requirements must be met. First, a party seeking a divorce must live in the County where one is filing for 10 days immediately prior to the filing of the complaint. Second, the party seeking the divorce must live in the State of Michigan for at least 180 days prior to the filing of the complaint. Perhaps, these residency requirements could be fulfilled by the opposing party, but his/her cooperation may be needed (i.e. perhaps he/s is willing to file a counter-complaint). It is recommended that you seek professional, legal advice to discuss your situation further. I would note further that I am not licensed to practice law in the State of North Carolina so additional legal advice from a counselor there may be worthwhile.
Answer Applies to: Michigan
Replied: 6/12/2012
Law Office of William L Spern | William Spern
You must be a current resident of Michigan for at least 180 days and 10 days in the county in which you file. As you are living in NC, you must file your divorce there.
Answer Applies to: Michigan
Replied: 6/12/2012
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Yes, you can sue in Michigan and she does not have to sign to commence the action. Get a good attorney.
Answer Applies to: Michigan
Replied: 6/12/2012
The Gardner Law Firm, PLC | Brandon Gardner
You don't need your spouse's signature to initiate a claim for divorce. However, you may need her signature on the judgment of divorce before it gets entered by the court.
Answer Applies to: Michigan
Replied: 6/12/2012
    Hamblin Law Office | Sally Hamblin
    In your case, she has to sign the papers. If she has been properly served, given notices of court dates and refuses to attend the judge will determine the outcome.
    Answer Applies to: Michigan
    Replied: 6/12/2012
    Ryan Berman, Esq | Ryan Berman
    Yes, you can file for divorce, and if she doesn't respond after getting served, you can get a default judgment.
    Answer Applies to: Michigan
    Replied: 6/12/2012
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    Delmar Yes.. She does not have to sign anything and you can ultimately get a default judgment of divorce.. Initially the case has to be filed and then you have to ensure that she gets personally served with the summons and complaint for divorce. Thereafter if she does not respond with 21 or 28 days (depending upon how she is served) you can file a default and ultimately get a default judgment. That judgment may be tricky to draft though.. with minor children it will require you to pay child support (depending upon your incomes and visitation) etc. Further, Michigan law does not allow a divorce with minor children to be finalized (e.g. a judgment issued) in less than 6 months so.. As noted, this gets tricky.. so your best bet is NOT to do this yourself but to find an attorney to handle it for you ... especially since you are out of state.
    Answer Applies to: Michigan
    Replied: 6/12/2012
    Poling, McGaw & Poling, P.C. | Shannon M. Soliven
    Yes. You can receive a divorce without your wife signing. You will have to serve her with the Summons and Complaint. If she fails to file an answer with the Court or otherwise fails to appear in Court, you can ask the court to enter a Default Judgment of Divorce.
    Answer Applies to: Michigan
    Replied: 6/12/2012
Click to View More Answers: