Do I need my husbands signature to get a divorce? 25 Answers as of June 26, 2013

I want to divorce my husband after 10 years of separation, do I need his signature? I also do not have any money are there ways to do this cheaply? We do not have any minor children or property. He lives in a different state but I do not know where.

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Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
You do not need his signature to start the process. If you reach an agreement, then you would. You should go to the court that serves your town and file a divorce lawsuit there. The clerk's office or the court service center in the court can help you identify the papers you need to file. Doing it yourself is the cheapest way.
Answer Applies to: Connecticut
Replied: 8/10/2011
Goolsby Law Office
Goolsby Law Office | Richard Goolsby
We recommend that you consult with divorce attorneys in your area, because it might be possible to work out payment plans. You can also discuss your rights and options. Good luck.
Answer Applies to: Georgia
Replied: 8/9/2011
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
If you do not know where he is located this process will not be quick nor cheap as you will have to advertise your legal notice regarding the divorce.
Answer Applies to: Alabama
Replied: 8/9/2011
Law Office of James Lentz
Law Office of James Lentz | James Lentz
Yes, you can get a divorce without your husband's signature. whether you should is another matter. Please contact a local domestic relations attorney for further information.
Answer Applies to: Ohio
Replied: 8/9/2011
Raheen Law Group, P.C.
Raheen Law Group, P.C. | Wali Raheen
Go to the court where you live and ask them for the paperwork. They generally have a form pleading that you could complete, file and serve on your husband. But since you don't know where your husband is, you would have to satisfy the requirements of service by publication. Good luck.
Answer Applies to: Virginia
Replied: 8/8/2011
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    You do not need your husband's signature to get a divorce, but he will have to be served. If you cannot locate him to serve him, an attorney ad hoc will be appointed to search for him at his last known address and will be required to perform other reasonable acts of due diligence to try and locate him. If eventually cannot be located, the attorney may appear in court, tell the court what steps he took to locate your husband, and if the court finds that those steps were sufficient, you may be granted a divorce. There are many attorneys who do uncontested divorces cheaply or on credit. If you are truly indigent you should contact your local bar association or the local Legal Services Corporation grantee to try and obtain free representation.
    Answer Applies to: Louisiana
    Replied: 8/8/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    You do not need his signature. You need only file a divorce complaint alleging eighteen months of uninterrupted separation or irreconcilable differences for six months, but you need the assistance of an attorney.
    Answer Applies to: New Jersey
    Replied: 8/8/2011
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    In Alabama, if you cannot find the individual you will have to get service by publication. The short answer is yes you can get the divorce but you should seek legal counsel to work your way through the maze of the rules.
    Answer Applies to: Alabama
    Replied: 8/8/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    Yes we can do this divorce through publication, which is one option that does not require his signature.
    Answer Applies to: Illinois
    Replied: 8/8/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    No. You don't need your husband's signature to get a divorce. He does, however, have to be served with the papers. If you don't know where he is at, and cannot find him, then, there are going to be some additional hoops you will have to jump through to get the court's permission to serve him by publication. In terms of doing it cheaply, about the cheapest way is to do it yourself. That way, you will likely only have the costs of filing and publication. You may even be able to get the court to waive the cost of filing.
    Answer Applies to: Washington
    Replied: 8/8/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    You can do it yourself. Get the forms from the Washington state court form website. You'll have to serve him. He doesn't have to sign.
    Answer Applies to: Washington
    Replied: 8/8/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You need to give him notice if you can but you do not need his signature.
    Answer Applies to: Connecticut
    Replied: 8/8/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    You would likely need to file a motion to permit service of your petition by posting. The costs can be relatively minor as compared to a contested divorce where support issues are involved.
    Answer Applies to: California
    Replied: 6/26/2013
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    You do not necessarily need his signature to get divorced. If you do not know where he is living, you can get service by publication. You can ask at your local Clerk's office as to their requirements for this.
    Answer Applies to: Florida
    Replied: 8/8/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    You can file for divorce without his signature but you will have to serve him by mail or in person or by "publication". You need to meet with a family law attorney to help you.
    Answer Applies to: California
    Replied: 8/8/2011
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    Due process requires notice to anyone whose rights may be affected. While you do not need his signature to consent to a divorce after 10 years of separation, he is entitled to actual notice of any litigation involving him. While you will likely need counsel, you can start by doing a through diligent search of all his relatives and friends to locate him to serve him with a Divorce Complaint to get the case started.
    Answer Applies to: Pennsylvania
    Replied: 8/8/2011
    The Coyle Law Office
    The Coyle Law Office | T. Andrew Coyle
    You will need to do your best to locate your husband and give him notice of the proceedings. A judge may require you to hire a private investigator if you cannot locate him on your own. If your husband simply cannot be located or fails to respond to the paperwork after being served, you can get a divorce without his participation. As for doing the case cheaply, you can get all the necessary forms from the court clerk - which you can fill out without hiring an attorney. If you believe you would qualify, you can also ask to have your filing fees waived but that is up to a judge.
    Answer Applies to: Illinois
    Replied: 8/8/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    You do not need your husband's signature; you can proceed with a divorce by publication if his whereabouts are unknown. If you do not qualify for a Legal Aid-type organization to represent you, then you will need to hire an attorney to handle the matter for you.
    Answer Applies to: Georgia
    Replied: 8/8/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    If you can prove to a court that you cannot, after a true diligent search, find him, you may be eligible to file by publication. Although you can attempt this yourself, I suggest using legal counsel. It costs less than you expect. Even if you want to proceed pro se, do a consult with a lawyer to review your papers so you don't hit any hitches.
    Answer Applies to: Georgia
    Replied: 8/8/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You will have to locate your husband to properly serve him the divorce papers. If you exhaust every reasonable effort to locate him for service, then you may qualify for service by notice of publication. You do not need your husband's signature to process the divorce. If he does not file an answer to the divorce once he has been served, then you can proceed by way of default.
    Answer Applies to: California
    Replied: 8/8/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    Under certain circumstances, his signature is not required to proceed with divorce, but you do need to go through appropriate steps to "serve" him with the documents.
    Answer Applies to: Arizona
    Replied: 8/8/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    You do not need his signature but he will need to be served with the initial pleadings. Most counties have a lawyer referral service through its County Bar Association.
    Answer Applies to: Washington
    Replied: 8/8/2011
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