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