Can you get a divorce without signing the divorce papers? 25 Answers as of June 09, 2011

Can you still getta divorce if you do not wanna sign the papers? I want one but he doesnt want to. What do I need to do?

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Deal & Hooks, LLC
Deal & Hooks, LLC | Shawn P. Hooks
A court can treat the divorce as being uncontested and grant a divorce, or if it is contested it can still grant a divorce after a final hearing without the parties signing off on the papers. You can consult an attorney who can get everything drafted and filed. You do not need his consent or signature to file the paperwork to get things started.
Answer Applies to: Ohio
Replied: 6/9/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You can likely get a default if your spouse doesn't cooperate in the divorce. He doesn't need to sign anything to get served. If he doesn't file a Response to the Petition, you can take his default. You would best be represented by an experienced family law attorney.
Answer Applies to: California
Replied: 6/8/2011
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
Yes. If he refuses to cooperate, you can still get a divorce. You would simply file the divorce, serve the papers on him, and see if he responds. If he does, then you would need to go to mediation to try to resolve before getting in front of the judge. If he doesn't respond, you can set the hearing in front of the judge.
Answer Applies to: Florida
Replied: 6/8/2011
Howard W. Collins, Attorney at Law
Howard W. Collins, Attorney at Law | Howard W. Collins
Assume Oregon law applies: There is no obligation of him to sign anything in order to get a divorce. To explain what to do is not realistic in an email, but if you are not going to hire a lawyer, then you need to file on your own.
Answer Applies to: Oregon
Replied: 6/8/2011
Berner Law Group, PLLC
Berner Law Group, PLLC | Jack Berner
It depends, as in the case of a default. If you're a Western Washington resident, feel free to contact my office for a free, no obligation consultation regarding your situation.
Answer Applies to: Washington
Replied: 6/8/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    He does not have to sign. You can file, even if he does not want a divorce, you can have him sign the papers or have him served. If he is served, the Court will grant the divorce even if he does not appear.
    Answer Applies to: Texas
    Replied: 6/8/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Yes,there is nothing for you to sign except the basic divorce Complaint. If he refuses to sign, it is meaningless. Good luck.
    Answer Applies to: New York
    Replied: 6/8/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law, you will need to have the papers served on your husband. If he does not file a response, then you can complete the divorce by default. If he responds but will not come to agreement with you, you go to trial to have the court determine the terms of the divorce.
    Answer Applies to: Washington
    Replied: 6/8/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Generally the answer is yes. But, depending on the actual facts, if one party won't sign anything to participate in the case, the Court might not be able to do anything except dissolve the marriage. No property settlement, no spousal support, no child support, etc. You need to consult an attorney to determine what your options are.
    Answer Applies to: Colorado
    Replied: 6/8/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Hire a lawyer. File your complaint. He must answer or face default. Stay well.
    Answer Applies to: Alabama
    Replied: 6/8/2011
    Neville J. Bedford Attorney at Law
    Neville J. Bedford Attorney at Law | Neville J. Bedford
    Yes, it is possible to get divorced without "signing papers" by opposing party. There must be effective service of process. A good family court attorney can explain the process further.
    Answer Applies to: Rhode Island
    Replied: 6/8/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If you cannot reach an agreement, the matter must proceed as if contested. That means serving and filing a Summons and Petition for Divorce. If the other party fails to respond to the petition, you may be able to finalize the divorce by default. If an Answer is filed, the matter must proceed to trial.
    Answer Applies to: Minnesota
    Replied: 6/8/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    This becomes in the court's language, a contested divorce. Since there is no signed agreement, there will have to be a trial. You would testify about what you think the division of assets, debts, custody, etc should be and he would testify as to his belief. A judge will then decide.
    Answer Applies to: Connecticut
    Replied: 6/8/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Start the action and you will get your divorce without him.
    Answer Applies to: Connecticut
    Replied: 6/8/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Yes, in Georgia, one can get a divorce without signing or agreeing to any divorce papers submitted by the other party. There are two kinds of divorce, generally, in Georgia: contested and uncontested. I recommend you retain a divorce lawyer in your community to discuss all your rights and options. You might also feel free to check out our divorce blog.
    Answer Applies to: Georgia
    Replied: 6/8/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    It depends. In Ohio, a party having a hard time getting her marital partner to cooperate can file for an uncontested divorce, where the spouse's signature is not required. Please take this issue to a local domestic relations attorney for further information about your locality.
    Answer Applies to: Ohio
    Replied: 6/8/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    One party can not hold up a divorce merely by refusing to sign a settlement agreement or other similar document. If he is served with papers and fails to file a response within 20 days, the Clerk of Court can issue a default, and the case would effectively be over at that point.
    Answer Applies to: Florida
    Replied: 6/8/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Get a default judgment. If he responds, go to trial. He doesn't have to cooperate for you to get divorced.
    Answer Applies to: Washington
    Replied: 6/8/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    In Washington State, provided he is properly served (and any subsequent required legal notice), he can't prevent the divorce.
    Answer Applies to: Washington
    Replied: 6/8/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    If your spouse refuses to participate in the divorce, for instance, by refusing to sign papers, then you can proceed via default. It is not possible to explain the entire default process in a paragraph or two. Best to call a local family law lawyer, or request assistance from the legal self-help center at your local courthouse. Good luck!
    Answer Applies to: California
    Replied: 6/7/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    Sure. It's called divorce by default.
    Answer Applies to: Nevada
    Replied: 6/7/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    In ANY divorce you should not do what you are doing (filing pro se) and you need a lawyer. In your situation, your need is far more acute. You are in a contested divorce, and you badly need a lawyer so you can (1) get a divorce, and (2) get other relief you are entitled to.
    Answer Applies to: Georgia
    Replied: 6/7/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    It only takes one in Georgia to obtain a divorce. If he will not cooperate with an uncontested divorce, you must file the divorce petition and serve him with the papers; this gets the case moving and he cannot stop it from happening.
    Answer Applies to: Georgia
    Replied: 6/7/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You don't need agreement to divorce. If the Respondent has been served and fails to file a response, then a default judgment can be entered. If you are looking for an attorney and are in my area, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 6/7/2011
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