Do both parties have to be present to file for a divorce? 39 Answers as of February 08, 2012

Do both parties have to be present to file for a divorce at the county courthouse?

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Neville J. Bedford Attorney at Law
Neville J. Bedford Attorney at Law | Neville J. Bedford
No, not in Rhode Island. Filing the complaint is done by the Plaintiff, so called only because they are the first to the courthouse. Speak with a Family court attorney for full details on filing fees, service, and other pertinent details.
Answer Applies to: Rhode Island
Replied: 2/8/2012
Snake River Law PLLC | Mark Petersen
No. Both parties do not have to be present at the county courthouse to file for divorce.
Answer Applies to: Idaho
Replied: 2/8/2012
McCallum & McCallum | Barbara Eiland McCallum
NO. However, the non-filing party needs to be in the jurisdiction of the Court where it is filed. Also, the non-filing party has to be served by someone other than the filing party. If you cannot agree, and some issue has to go to trial, you both need to be at Court on the trial date. Neither party has to go to Court, if they settle their case with an Attorney-Mediator.
Answer Applies to: California
Replied: 2/2/2012
Twin City Attorneys, P.A. | Amy B. Norberg
Both parties do not need to be present to file for a divorce in Minnesota. If the petitioner cannot find the respondent to serve them the Summons and Petition; then you would ask the court for an alternative service order.
Answer Applies to: Minnesota
Replied: 1/31/2012
Law Offices of Frances Headley | Frances Headley
No, either party may file for dissolution in the county in which they reside so long as they have been in that county for 3 months and the state for 6 months.
Answer Applies to: California
Replied: 1/30/2012
Gutterman, Griffiths PC | Ann Gushurst
No, filing does not require the presence of both attorneys. Filing doesn't even require one person to be present if the filing is done by an attorney who simply E-files the pleading.
Answer Applies to: Colorado
Replied: 1/30/2012
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
No, both parties do not have to be present to file for a divorce at the county courthouse but you do have to properly serve the other party the petition that you filed with the county clerk. I highly encourage you to retain an attorney to represent and protect you during your divorce proceedings. Attorneys are trained professionals of the law and are equip to know which papers to file and the deadlines that have to be met.
Answer Applies to: Illinois
Replied: 1/30/2012
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
No, only one party files, the other party is a respondent. However, if you are the respondent, beware, failure to appear at the final hearing is dangerous, your spouse can ask for anything and unless you are there, you don't know what he/she is saying. The safe thing to do is hire a single lawyer to represent both, this lawyer will draft the petition for one spouse, response for the other spouse, and a final decree that both spouses sign. File it all, get the closing documents and reports done, schedule a final hearing, prove up the decree and get copies certified. It is cheap insurance to make sure it is done right the first time.
Answer Applies to: Texas
Replied: 1/30/2012
H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
No. Only one party has to file. The other party has to be served with the papers by the sheriff or a licensed process server, unless he or she is willing to sign a waiver of formal service to save time and money.
Answer Applies to: Georgia
Replied: 1/30/2012
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
One party can file and have the other party served by various methods including publication if you cannot find the other party
Answer Applies to: Georgia
Replied: 1/30/2012
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    If you are represented by an attorney neither party has to be present to file a divorce at the Courthouse. The parties would only need to be present at any hearings or if one party refuses to participate then the filing party would have to be present at the hearing or hearings.
    Answer Applies to: Alabama
    Replied: 1/30/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    No, both parties do not have to be present when the divorce case is filed. Only one person needs to go to the court house and file the divorce.
    Answer Applies to: California
    Replied: 1/30/2012
    Anderson & Boback | Janice L Boback
    Only one party files for divorce
    Answer Applies to: Illinois
    Replied: 1/30/2012
    The Law Office of Kem Eyo, LLC
    The Law Office of Kem Eyo, LLC | Kem Eyo
    Both parties do not have to be present to file a complaint for divorce. In fact, you don't even have to file in person (you can mail the forms in to the court). Both parties have to be present for the final divorce hearing unless the parties filed a consent agreement.
    Answer Applies to: Georgia
    Replied: 1/30/2012
    THE DOUGLAS LAW FIRM, LLC
    THE DOUGLAS LAW FIRM, LLC | HEATHER DOUGLAS
    No. Either party can file for a divorce at any time. I strongly advise you consult an attorney before filing any divorce paperwork that will become a part of the court record and could affect your rights.
    Answer Applies to: Alabama
    Replied: 1/30/2012
    DEAN T. JENNINGS, P.C.
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    Not to file. But whoever files must have Original Notice served on the other party.
    Answer Applies to: Iowa
    Replied: 1/30/2012
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    No. Only one person is required to file the petition and serve the other spouse.
    Answer Applies to: California
    Replied: 1/30/2012
    Ezim Law Firm | Dean Esposito
    One party needs to file a petition for divorce to begin the process. If you meant to ask do both parties have to be present to obtain a divorce, the answer is "no." the parties can waive their appearance and sign affidavits and the attorney can appear in court without either party and obtain a judgment of divorce.
    Answer Applies to: Louisiana
    Replied: 1/30/2012
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    No. One party or their attorneys files and then the other person must be served and given an opportunity to respond in writing.
    Answer Applies to: New York
    Replied: 1/30/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    No. In any contested divorce, one party would commence an action by serving divorce papers on their spouse and filing the originals with the court along with an affidavit of service.
    Answer Applies to: Minnesota
    Replied: 1/30/2012
    Law Office of Rhonda Ellifritz | Rhonda Ellifritz
    No, one party can file and go forward without the other party, taking a default judgment.
    Answer Applies to: California
    Replied: 1/30/2012
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Not necessarily. An uncontested divorce only requires one party and a witness. Consult with a domestic relations attorney for more information.
    Answer Applies to: Ohio
    Replied: 1/30/2012
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    The parties do not have to go to the courthouse together to file the divorce (in fact, it would be unusual to do so). The petitioning party can take the paperwork to the courthouse to file. If the Petitioner is represented by counsel, then the attorney generally arranges for the documents to be delivered to the court.
    Answer Applies to: Arizona
    Replied: 1/28/2012
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Neither party needs to be there just the lawyer.
    Answer Applies to: Georgia
    Replied: 1/28/2012
    Attorney at Law | Aimee C. Robbins
    No. However the non-filing party needs to file a Response/Answer to the Complaint within 30 days of service of the Summons and Complaint (if they live in the same state. Otherwise its 60 days if out of state and 90s if they live in a foreign country). If they fail to file the party that began the divorce can file for a default. Defaults can be set aside however if the party subsequently files an Answer and a Motion to Vacate the Default Order within 30 days of the Order being entered.
    Answer Applies to: Maryland
    Replied: 1/28/2012
    The Law Offices of Laura A. Walker | Laura A. Walker
    No you can eventually get divorced if the other party doesn't respond.
    Answer Applies to: Wisconsin
    Replied: 1/28/2012
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    No, one files a petition and the other party has 30 days after service to answer.
    Answer Applies to: California
    Replied: 1/28/2012
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    In California, if not filing for a "summary dissolution," then no, only the "petitioner" needs to file the Divorce Petition and related papers. Best to hire a local family law lawyer to help you learn your rights and establish a sensible divorce plan.
    Answer Applies to: California
    Replied: 1/28/2012
    Law Office of James Bordonaro
    Law Office of James Bordonaro | James Albert Bordonaro
    No, only 1 person needs to file a petition.
    Answer Applies to: Kansas
    Replied: 1/28/2012
    Law Office of Alan J. Pransky | Alan J. Pransky
    Usually, only one person files for divorce. If you mean that both parties have to be present for the divorce trial, then both parties need to be present or the missing party can suffer adverse consequences.
    Answer Applies to: Massachusetts
    Replied: 1/28/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    No, not to simply file paperwork.
    Answer Applies to: Colorado
    Replied: 1/28/2012
    The Law Offices of Jill Puertas LLC | Jill Puertas
    No.Generally one party files on their own through an attorney, so no court appearance is generally required at the initial filing stage.
    Answer Applies to: Missouri
    Replied: 1/28/2012
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