Can I get a divorce without my spouses signature? 28 Answers as of January 14, 2011

Can I obtain a divorce from my spouse without a signature?

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Russ Schenewerk and Associates, LLC
Russ Schenewerk and Associates, LLC | Joseph W. Allen
In Missouri, if a spouse will not consent to a divorce, then the matter would go before a judge for a potential default judgment. You should consult with a divorce attorney in your state.
Answer Applies to: Missouri
Replied: 1/14/2011
Stuart Jon Bierman  Attorney at Law
Stuart Jon Bierman Attorney at Law | Stuart Jon Bierman
In New Jersey you can obtain a divorce from your spouse without a signature.
Answer Applies to: New Jersey
Replied: 1/13/2011
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
I have reviewed your case information and I can help you with your need to get a divorce. You do not need any kind of signature to process a divorce.

Since documents have not been filed with the court it is very important that we speak as soon as possible, so I can evaluate your problem, and if hired protect all of your interests.

You may find some helpful information on my website.

The best way to contact me for an immediate response is for you to call, which will contact me directly anytime any day (24/7).
Answer Applies to: California
Replied: 1/13/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Yes; it happens all the time.
Answer Applies to: Virginia
Replied: 1/13/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Yes, via the Default procedure. Your local Superior Court Clerk's Office might offer free consultations with an Attorney who works for the Court, called a Court Facilitator. The Court Facilitator will not represent you, but will help you to fill out forms and counsel you regarding the applicable law.
Answer Applies to: California
Replied: 1/12/2011
    Goodman, Dicus, and Teinert, LLP
    Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
    Yes. All states have a process for obtaining a divorce when one spouse is refusing to sign. It is probably best to contact an attorney that can help you with the process.

    Feel free to contact our office if you have any further questions.
    Answer Applies to: California
    Replied: 1/12/2011
    Law Office of Tim W. Avery
    Law Office of Tim W. Avery | Tim W. Avery
    Yes, but you will need to have her served with a copy of the petition for divorce after you file. She has to be officially served by a constable or private process server with a citation (notice of lawsuit) and a copy of the petition. If she files a timely Original Answer, then you will need to serve her with notice of the trial date unless you two work out a settlement and she signs. If she fails to file an Answer, then you can take a default judgment against her. If you do not know her whereabouts and have made a diligent search to locate her, you still will need to have her serve which will be by publication.
    Answer Applies to: Texas
    Replied: 1/12/2011
    DiManna Law Office, LLC.
    DiManna Law Office, LLC. | Dawn DiManna
    Yes, you will still be able to divorce.
    Answer Applies to: New Hampshire
    Replied: 1/12/2011
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    Yes. If your spouse is unwilling to participate, you can proceed by way of default. If you have any further questions, please let me know.
    Answer Applies to: California
    Replied: 1/12/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    The simple answer is YES. But that only means that you don't need her consent to get the divorce. You still have to follow established procedures to make sure she is informed that a case has been filed. If you want her to agree to any financial terms, she will have to sign the agreement before a court will accept it as valid agreement. There may be other aspects of the case that could require her signature, but those would generally be things that benefit her and do not affect you if she refuses to cooperate.
    Answer Applies to: Colorado
    Replied: 1/12/2011
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    File the dissolution, serve your ex, file default, then judgment.
    Answer Applies to: California
    Replied: 1/12/2011
    Saddleback Law Center
    Saddleback Law Center | Paris Kalor
    I am not sure what you mean by signature. But you can obtain your divorce through default if your spouse has been served and he/she does not file a response in a timely manner.
    Answer Applies to: California
    Replied: 1/12/2011
    Froerer and Miles, P.C.
    Froerer and Miles, P.C. | Robert L Froerer
    Yes. After your spouse is served with the Petition and Summons, if he/she doesn't resond, the court will likely enter a default and grant the divorce.

    Call for more discussion.
    Answer Applies to: Utah
    Replied: 1/12/2011
    Keri Burnstein, P.C.
    Keri Burnstein, P.C. | Keri Burnstein
    Yes you can file a default against the other side if they do not respond and defend the action.

    You should contact a family law attorney for more information.
    Answer Applies to: Michigan
    Replied: 1/12/2011
    Law Office of Martin Blank
    Law Office of Martin Blank | Martin E. Blank
    Your spouse needs to be notified. If she cannot be found then you can publish in a newspaper as required by the court rules. However, while you can obtain a divorce, you will be unable to resolve a number of things regarding property and other issues.
    Answer Applies to: Michigan
    Replied: 1/12/2011
    441 Legal Group, Inc.
    441 Legal Group, Inc. | Gareth H. Bullock
    Yes you can. If he is served and doesn't respond or if you do service by publication.
    Answer Applies to: Florida
    Replied: 1/12/2011
    Law Office of Stephen Pearcy
    Law Office of Stephen Pearcy | Stephen Pearcy
    Yes. An example is to file a petition for dissolution and then serve your spouse with the notice of the petition and hearing. If your spouse didn't respond to the notice or hearings, then ultimately there would be a default judgment.
    Answer Applies to: California
    Replied: 1/12/2011
    Maclean Chung Law Firm
    Maclean Chung Law Firm | G. Thomas MacLean Jr.
    Yes you can. California is a no-fault divorce state, meaning you do not need the permission or signature of the other spouse to get divorced.
    Answer Applies to: California
    Replied: 1/12/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Yes. Your spouse does not have to consent to a divorce in California. Please fee free to contact me for a free consultation for further details and to see if representation is right for you.
    Answer Applies to: California
    Replied: 1/12/2011
    Silverman Divorce Mediation & Law Firm
    Silverman Divorce Mediation & Law Firm | Bruce S. Silverman
    You don't need her signature in CA but the divorce processes is more complicated and time-consuming.
    Answer Applies to: California
    Replied: 1/12/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    You don't need your wife's signature to have her personally served by a process server. A party is not allowed to serve documents in his/her own case, so somebody else, at least 18 years old, must personally serve her, and that person must complete and sign a Proof of Personal Service, to be filed with the Court.

    However, if you try to have your wife served via Notice and Acknowledgment, she would have to sign the Notice and Acknowledgment of Receipt and return it to you, in order for service to be completed. If you fear that she won't cooperate, it would be best to have her personally served.

    If your wife fails to respond to the Petition within 30 days after she was served, you can seek to take her default, but you need to comply with the requirements set forth on the Judicial Council FL-165 Form (Request to Enter Default) to seek to have her default entered, and you need to have her served with your Preliminary and Final Declarations of Disclosure before you can seek a Default hearing to have the Court hear the Divorce case and render a Divorce Judgment.

    If your wife responds to the Petition, she will need to sign her Response for it to be acceptable to the Court for filing. If she responds to the Petition before the Court enters her default, the case cannot proceed by way of default.

    You would best be served by retaining a Family Law Attorney to represent you in your divorce.
    Answer Applies to: California
    Replied: 1/12/2011
    Steven D. Keist, Attorney at Law
    Steven D. Keist, Attorney at Law | Steven D. Keist
    If he is properly served and makes no appearance, you can get a

    Default Decree and your husband would not be required to sign it

    since he did not enter his appearance in the case.
    Answer Applies to: Arizona
    Replied: 1/12/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If your spouse will not consent to the divorce including the terms of the divorce, you must proceed in a contested fashion. That would include serving the other party with divorce papers. If they serve a response to your petition/complaint, the matter may proceed to a trial. If they fail to respond, you may be able to seek a divorce by default. You would be wise to consult with legal counsel.
    Answer Applies to: Minnesota
    Replied: 1/12/2011
    The Law Office of David J. Reed, LLC
    The Law Office of David J. Reed, LLC | David J. Reed
    Yes, you may.
    Answer Applies to: Nebraska
    Replied: 1/12/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Yes, but you must then go by "default."
    Answer Applies to: California
    Replied: 1/12/2011
    Lori C. Obenauf LLC
    Lori C. Obenauf LLC | Lori C. Obenauf
    ou can get a divorce without an agreement, but it would require you to file a complaint. Once you file a complaint for divorce, your spouse would then have an opportunity to file an answer and request a trial. If your spouse fails to file an answer within 45 days after the complaint was served upon him or her, then you could have the judge hear your case in a non-jury trial. If your spouse files an answer, your case would then be heard by either a judge or a jury (if either party requests a jury trial).

    The court would most likely order the two of you to mediation so you could attempt to work out an agreement before a trial is held.

    Please contact my office for additional information.
    Answer Applies to: Georgia
    Replied: 1/12/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    The short answer is yes; but for financial orders to be enforceable against your spouse either your spouse must appear in the case or be served with the orders that were entered without your spouse's participation in the process. If you have any further questions please contact me. Good luck.
    Answer Applies to: Connecticut
    Replied: 1/12/2011
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