Can I get divorced without my spouses signature? 19 Answers as of June 11, 2013

My spouse lives in another state. Can I get my divorce without their signature?

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John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
You can get the divorce. If you want to get a decision on property, debts, support, etc. you will either need his signature on agreements or be sure the court has acquired personal jurisdiction over him. You need to consult an attorney about whether it is possible to acquire personal jurisdiction over a nonresident and, if your facts support, how to do that.
Answer Applies to: Colorado
Replied: 5/3/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Yes, if you properly served the spouse and they did not respond, you could get a Judgment by Default. Otherwise, it would not beethical or legal to obtain a Judgment. There are some circumstances under which you can legally obtain a Judgment without serving the other spouse, but only if you do not know where they are, and follow certain procedures (e.g., publishing notice in the newspaper).
Answer Applies to: California
Replied: 5/1/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
NO! You cannot get a divorce without the other spouse signing a waiver of service or serving him/her. Now, if you have served your spouse and he or she simply refuses to agree to your terms but has not filed an answer, then take a default. If they have answered, you need a signature or a hearing. If you have not served them, then you cannot get divorced until you do.
Answer Applies to: Texas
Replied: 5/2/2011
Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
Yes, in California only one person needs to consent to a divorce. If the other party does not respond, you may proceed via default.
Answer Applies to: California
Replied: 5/1/2011
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
Yes you can. We can file for divorce through publication, which means we place notice in the local paper for a period of weeks giving the spouse notice of your desire to divorce. If the spouse does not take "notice" you can move forward with the divorce. We will be more than happy to represent you if you decide to move forward. Call us today to make an appointment with the attorney.
Answer Applies to: Illinois
Replied: 4/29/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Yes, if this spouses refuses to cooperate with the process.
    Answer Applies to: Virginia
    Replied: 4/28/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Hello, Yes, of course, you can divorce your spouse without their signature on any papers. That's one of the reasons you're divorcing, because you cannot get along, I presume. You do, however, have to have him/her served with those papers so they are placed on notice of your intent to divorce them, so they can answer the Complaint and try to settle the matter. Consult with a matrimonial attorney right away. Good luck.
    Answer Applies to: New York
    Replied: 4/28/2011
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    Yes, you need a family law attorney.
    Answer Applies to: California
    Replied: 6/11/2013
    Rice & Co., LPA
    Rice & Co., LPA | Kollin Rice
    It is possible to get a divorce without your spouse's signature. You would simply file for divorce and obtain valid service on your spouse. Ordinarily, service will first be attempted by certified mail, which does require a signature, however, if that fails, there are other valid methods of service that do not require a signature. Once service has been made, the case will proceed whether or not your spouse participates in any way.
    Answer Applies to: Ohio
    Replied: 4/28/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Yes, however, it would not be a divorce by agreement. Further, you would need to serve your spouse with a divorce complaint to comply with constitutional due process concerns. Stay well.
    Answer Applies to: Alabama
    Replied: 4/28/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Yes, but it they must get notice.
    Answer Applies to: Connecticut
    Replied: 4/28/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Yes, it can be done.
    Answer Applies to: New Jersey
    Replied: 6/11/2013
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    You start the dissolution (divorce) by filing a petition. You need to serve the summons and petition on your spouse or they need to accept service.Once served, if they don't respond or join in the petition you can finalize your divorce by default which does not require a signature.If the spouse responds and you can't get him/her to sign the final documents,there will be a trial and if he/she does not show up or sign the final documents the court will enter anyway. Good luck.
    Answer Applies to: Washington
    Replied: 4/29/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    You need to serve your spouse with the divorce papers. If your spouse chooses not to respond or participate in the divorce by reaching a settlement agreement on all issues, then you can request your spouse's default.
    Answer Applies to: California
    Replied: 4/29/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    You can divorce your spouse. File a divorce case, and have your spouse properly served in the state where he/she is.
    Answer Applies to: California
    Replied: 4/28/2011
    Law Office of Jackie Robert Geller
    Law Office of Jackie Robert Geller | Jackie Robert Geller
    Yes, but you will have to get your divorce petition and other documents served on your ex wherever he lives. A lot depends on how long you have lived in your state and how long your ex has lived elsewhere.
    Answer Applies to: California
    Replied: 4/28/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Yes. It is called a default Judgment. If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 4/28/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    A divorce requires an agreement of the parties or a determination of the case on the merits by a Judge. If the other party responds to the Summons and Petition, the divorce will not be granted in most cases until after a trial has occurred. If the person fails to respond, you may be able to proceed by default.
    Answer Applies to: Minnesota
    Replied: 4/28/2011
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