How can I file for divorce without my ex spouse's signature? 2 Answers as of April 10, 2012

My ex and I have been separated for 3 years now and I've been attempting to file for divorce from him since then. He has be an A-wall and I have not been able to find him to file for divorce. How can I file for divorce without his signature?

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Chaudhary Law Office, PLLC
Chaudhary Law Office, PLLC | Satveer S. Chaudhary
Even though you are separated, I am assuming you are officially still married and therefore not yet "ex-spouses." To answer your question, you do not need your spouse's signature to file for divorce in Minnesota or, in general, any other state. You may visit court administration in person or online at www.mncourts.gov for the forms and fee information for filing divorce on your own. Since your spouse is "AWOL," you will need to jump through some initial hoops to satisfy personal delivery requirements. If he/she still does not turn up, the court will issue a divorce order by default. Having said this, there are additional considerations and you may be better served by at least a free initial consultation with a divorce lawyer.
Answer Applies to: Minnesota
Replied: 4/10/2012
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
Filing for divorce does not require your spouse's signature. however, you must serve your spouse with the divorce papers including the Summons and Petition for Divorce and filed those documents with the court along with an affidavit of service. Your spouse has 30 days in which to interpose an Answer to the petition. If contested, the matter proceeds through hearings until unresolved issues can be decided in a trial. If, at any time, you reach a resolution of all issues, those can be submitted to the court by written agreement called a Marital Termination Agreement.
Answer Applies to: Minnesota
Replied: 4/10/2012
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