Is there anyway I can divorce my husband without his knowledge? 9 Answers as of February 13, 2012

My divorce has been taking years to complete and it is still not final. When we get to the final signatures my husband refuses to sign and the process starts again. How and where can I divorce him without his knowledge?

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Law Office of Jane E. Ginsburg
Law Office of Jane E. Ginsburg | Jane Ginsburg
No. The law requires that he have notice of the proceedings.
Answer Applies to: California
Replied: 2/13/2012
Attorney at Law | Dorinda Ohnstad
You can't divorce someone without their knowledge. However, since California is a no fault divorce state, he can't stop you from divorcing him. You can take one of two approaches. You can seek the divorce but have the issues such as property settlement, custody, and visitation left to be addressed by the court, or deal with both simultaneously. If he won't agree to terms so that you can enter into a settlement agreement you can push the matter through and have a court hearing and let the court determine the terms of the dissolution.
Answer Applies to: California
Replied: 2/13/2012
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Your option is to get his cooperation on finishing your judgment or if he is unwilling to do so and he has filed a response to the divorce, set the matter for trial. If he has not filed an answer to the petition, then you can take his default.
Answer Applies to: California
Replied: 2/10/2012
Elizabeth Jones, A Professional Corporation
Elizabeth Jones, A Professional Corporation | Elizabeth Jones
You cannot divorce him without his knowledge. He has a right to know. What you can do is Bifurcate the Issue of the status of being married by which you become a divorced person. Unfortunately that does not take care of the financial issues of community property or deal with child related issues either. But sometimes it does get things moving along if you get the Dissolution of Marriage.
Answer Applies to: California
Replied: 2/10/2012
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You can't divorce your husband without his knowledge - he is entitled to constitutional due process comprising notice and opportunity to be heard. However, if he refuses to sign documents for the divorce process, a knowledgeable Family Law Attorney would know what to do to get the case completed. You would best retain experienced counsel to represent you in your divorce.
Answer Applies to: California
Replied: 2/10/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    I do not believe that you have the right to divorce him without his knowledge. You could ask however that the court set a hearing for trial in order to resolve your case. You can get a divorce with out without his signature. The case does not have to depend on him signing. Ask that the court set a date to finalize your case.
    Answer Applies to: California
    Replied: 2/10/2012
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    You can't divorce your spouse without their knowledge. However, you can proceed by default if he hasn't filed a "Response," or if he has, you can go to trial and get a judgment on any issues he won't agree to. There is no need to "start again" simply because he refuses to sign settlement papers.
    Answer Applies to: California
    Replied: 2/10/2012
    Peyton and Associates | Barbara Peyton
    No, the law requires that he be given notice of the case and an opportunity to be heard.
    Answer Applies to: California
    Replied: 2/10/2012
    Law Offices of Frances Headley | Frances Headley
    No, you can not complete the process without his knowledge but you can without his cooperation. You should consult a family law attorney or family law facilitator to review your paperwork and advise you how to proceed to get your judgment.
    Answer Applies to: California
    Replied: 2/10/2012
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