Do I need a signature from my husband to divorce? 25 Answers as of June 10, 2013

My husband refuses to give me a divorce even though he has committed adultery several times. I'm ready to move on with my life. Do I need his signature to divorce him?

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
I was in Court several years ago in a case where my client wanted a divorce, his wife did not. At the final hearing, the wife appeared and made a very eloquent speech about the sanctity of marriage, how she believed in working it out, etc and that she did not agree to the divorce. When she was done, the Judge asked my client if he had heard what his wife had stated. Of course, he had. Then the Judge asked my client if he wanted to work on the marriage, which he did not. At that point, the Judge turned to the woman and said "It takes two to be married, only one to quit. That is because marriage is more work than one person can do on his or her own." Then he granted the divorce. I tell you this story to explain, in Texas your spouse does not have to agree for you to get a divorce. He or she can make it more expensive or difficult by refusing to cooperate or agree to anything but at the end of the day, the Judge only has to hear one side say they want out. Now, to prove he committed adultery, that may be difficult without his "admitting" on paper to the act. But it will not stop the divorce from occurring. You can simply say you two do not get along - even if the discrepancy is your desire to be in a marriage that is free of adultery.
Answer Applies to: Texas
Replied: 5/10/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
No.
Answer Applies to: Connecticut
Replied: 6/10/2013
Arnold & Wadsworth
Arnold & Wadsworth | Brian Arnold
No. You need to file for the divorce and get a judge to sign off on the divorce. We are Divorce Attorneys in Utah. We offer free consultations. Give us a call.
Answer Applies to: Utah
Replied: 5/9/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
No, but it would be cheaper if done by agreement. Stay well.
Answer Applies to: Alabama
Replied: 5/9/2011
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
Not in IL. If you desire a divorce you do not need the signature of your husband. Although it moves more smoothly with the cooperation with both spouses, this is not always the case. Contact our office today for a free consultation to speak with an attorney about your options.
Answer Applies to: Illinois
Replied: 5/9/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    You can start the divorce without his signature. You'll then have to serve him, which can be done without his signature. If he doesn't respond to the petition you can win automatically without his signature. If he does respond, you'll then have to get his signature on the final paperwork or go to trial and if he doesn't show or refuses to sign then, the court will sign for him or indicate the final orders were correct and your husband was absent or refused to sign. So yes is the answer but each of these steps is easier if he signs.
    Answer Applies to: Washington
    Replied: 5/9/2011
    Law Office of John C. Volz
    Law Office of John C. Volz | John C. Volz
    No, you do not need his signature. A court will grant your divorce even if he does not agree to the divorce.
    Answer Applies to: California
    Replied: 5/9/2011
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    No you do not need his signature to obtain a divorce.
    Answer Applies to: California
    Replied: 5/6/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    In California, you don't need his agreement to finalize the divorce. If you are in my area, contact me for a free consultation.
    Answer Applies to: California
    Replied: 5/6/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    No. You just need to get him served with the appropriate divorce papers. If he doesn't respond to service by filing a Response within 30 days of being served, you can seek and obtain his default and proceed to get a default judgment.
    Answer Applies to: California
    Replied: 5/6/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You may file for divorce at any time without any signature. If your spouse responds to the lawsuit, the divorce can only be concluded by an agreement of the parties or a trial resolving the issues on their merits.
    Answer Applies to: Minnesota
    Replied: 5/6/2011
    Lori C. Obenauf LLC
    Lori C. Obenauf LLC | Lori C. Obenauf
    No. He does not have to "agree" to divorce. You may file suit, have him served with a copy of the complaint for divorce, and proceed with a contested divorce.
    Answer Applies to: Georgia
    Replied: 5/6/2011
    Law Offices of Thomas P. Miller
    Law Offices of Thomas P. Miller | Thomas P. Miller
    In Illinois, you cannot get divorced without a court order, referred to as a Judgment for Dissolution of Marriage. It can occur by agreement, so with your husband's situation on a settlement agreement, or without agreement, but in either case, it is the Judge's signature that is necessary.
    Answer Applies to: Illinois
    Replied: 5/6/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    No. If the divorce needs to resolve financial and property issues you may need some degree of cooperation from him, but there is nothing that requires his signature to simply obtain the divorce.
    Answer Applies to: Colorado
    Replied: 5/6/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Not necessarily. In Washington you would need to file the petition for divorce and then serve him. If he does not respond to the petition, then you could get a default and complete the divorce without him. If he does respond, but won't settle, then you can proceed to trial and have the court order the divorce. If you are in King County, our office can assist you with the paperwork you will need. You can also contact the county Bar Association to find out what other forms of assistance may be available in your area.
    Answer Applies to: Washington
    Replied: 5/6/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    In Washington State, provided he is properly served, his signature will not be required.
    Answer Applies to: Washington
    Replied: 5/6/2011
    Edwin Fahlen Attorney at Law
    Edwin Fahlen Attorney at Law | Edwin Fahlen
    In California you do not need a signature, or consent from the other spouse to become divorced. You only need irreconcilable differences, which everyone has. If you want a divorce, you shall have the divorce granted, with, or without your husband. or his approval. We can provide all of the services for you.
    Answer Applies to: California
    Replied: 5/6/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    No. But you could use the help of a good divorce attorney. Call me (no charge for the call) and let us see what I can do for you.
    Answer Applies to: New Jersey
    Replied: 5/6/2011
    Maclean Chung Law Firm
    Maclean Chung Law Firm | G. Thomas MacLean Jr.
    In California, you do not need consent or the signature of the other party to get divorced. It is a no-fault divorce state, so you do not need to even show fault as to why a divorce should be granted. You only must wait the six months cooling off period, and you will be granted a divorce regardless of what you spouse wants.
    Answer Applies to: California
    Replied: 5/6/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    No. if he won't cooperate with the divorce, then you can proceed via default. As a friendly FYI, often times a spouse will claim up front that they won't participate in a divorce. Yet, once you file the divorce petition and get rolling on the case, the other spouse learns that he/she can't prevent a divorce and will cooperate, at least to the degree to finalize the divorce without going in front of a judge.
    Answer Applies to: California
    Replied: 5/6/2011
    Goodman, Dicus, and Teinert, LLP
    Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
    No, If your husband does not to reply to the dissolution papers you served on him within 30 days after service you can obtain a default judgment. Please give me a call if you have any additional questions.
    Answer Applies to: California
    Replied: 5/6/2011
    Berner Law Group, PLLC
    Berner Law Group, PLLC | Jack Berner
    If you're in Washington State-specifically Western Washington-feel free to contact my office for a free, no obligation initial consultation-by phone or in person. We are experienced and affordable. Your husband must be afforded proper due process in any divorce action. I can explain all this during the consultation.
    Answer Applies to: Washington
    Replied: 5/6/2011
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