Can I still get a divorce if my wife will not sign the papers? 16 Answers as of June 03, 2015

Can I still get a divorce if she will not sign the papers? How do I do it?

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

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
A divorce does not require agreement between the parties. Once you file it with the court and serve her, you proceed and either settle the case if you can come to agreement or it goes to trial. In either case, you will get a decree ending the marriage.
Answer Applies to: Washington
Replied: 6/3/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Your wife does not need to sign anything if you do it right or not until you have a final agreement, called a Marital Settlement Agreement. The best way to get started is to find an experienced family law attorney and retain him or her to draft the Summons and Complaint (and perhaps additional papers) and have them 'served' (officially delivered) to your wife. She will not need to sign for them: the process server will simply file an affidavit with the court that s/he served her. Good Luck.
Answer Applies to: Wisconsin
Replied: 6/3/2015
Peyton and Associates | Barbara Peyton
Yes. File and serve your divorce papers. If she doesn't respond, take her default and proceed to judgment without her input. Good luck.
Answer Applies to: California
Replied: 6/3/2015
Law Office of Robert E McCall | Robert McCall
File a Contested Dissolution of marriage, have her served the papers by a Process Server. Her consent or agreement is not necessary.
Answer Applies to: Florida
Replied: 6/3/2015
The Gufford Law Firm, P.A.
The Gufford Law Firm, P.A. | Joseph Gufford
Yes. If you want a divorce, you can get one regardless of whether she consents or not. While it is easier if everyone agrees to all aspects of the same, a contested action can be brought.
Answer Applies to: Florida
Replied: 6/3/2015
    Law Offices of Robert Burns
    Law Offices of Robert Burns | Robert Burns
    Yes. You get her served and she need not sign anything.
    Answer Applies to: California
    Replied: 6/3/2015
    Diane l. Berger | Diane L. Berger
    Yes. You have to have the papers served on her.
    Answer Applies to: Nebraska
    Replied: 6/3/2015
    John Russo | John Russo
    I see this question all the time, WHAT PAPERS ARE YOU TALKING ABOUT? If you are talking about service of process she does not have to sign for those documents the sheriff or constable attests to service. I would really like to know what state or state's this question comes from, so they can join the 21st century.
    Answer Applies to: Rhode Island
    Replied: 6/3/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Which papers? See an attorney, this could get complicated. It is best to do it right the fist time and make it stick.
    Answer Applies to: Michigan
    Replied: 6/3/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Take her default if she hasn't filed a response and if she has, set the matter for trial.
    Answer Applies to: California
    Replied: 6/3/2015
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    In Michigan you can get a default divorce..you need to follow the default provisions of the Michigan Court Rules It is not easy .. get an attorney.
    Answer Applies to: Michigan
    Replied: 6/3/2015
    Law Office of Martin A. Kahan | Martin A. Kahan
    She doesn't have to sign, she has to be served. Consult with a family law attorney or go to the self help center at the courthouse for directions.
    Answer Applies to: California
    Replied: 6/3/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    Florida is a no fault divorce State. That means that one spouse can get a divorce even if the other spouse does not sign papers and does not want a divorce. If you have filed and served all the necessary papers and forms and she won't sign, just ask the Court for hearing on a motion for a default judgement of dissolution. If she fails to show up and cooperate, the Judge will give you your divorce anyway. Good luck.
    Answer Applies to: Florida
    Replied: 6/3/2015
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    If you are in Florida, the Wife doesn't have to sign anything, unless you are talking about doing an uncontested divorce with a full settlement agreement - which it sounds like she is not in agreement. You need to file for divorce and serve her with the papers. Then she has to respond or face potential sanctions. If you are uncertain how to proceed, you should hire an attorney to assist you.
    Answer Applies to: Florida
    Replied: 6/3/2015
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    In Arizona you can get a divorce even if the other side won't agree. If she just doesn't respond at all then you can get a default. If she responds but won't agree then the issues go to a judge and the judge decides. You just file the normal divorce paperwork and have her served with it to get started.
    Answer Applies to: Arizona
    Replied: 6/3/2015
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Yes. It's called a contested divorce. It means you'll have to go to court.
    Answer Applies to: New York
    Replied: 6/3/2015
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney