Is there anyway to still get divorced if my husband wont sign the papers? 18 Answers as of July 09, 2013

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
Yes there is, at least here in Arizona. If you have filed the petition for dissolution, then you have the petition and other supporting documents served upon him. That starts his time clock for filing a response. If he does not respond by filing with the court, then you proceed to file and mail him an affidavit of default. All of this is explained in the self service center packet for a dissolution. As always you should be aware that it is your best interest to at least consult with an experienced family law attorney to review your matter.
Answer Applies to: Arizona
Replied: 7/9/2013
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
Yes the Divorce papers need to be served on him.
Answer Applies to: Georgia
Replied: 7/7/2013
T.D. Stevens & Associates PLLC
T.D. Stevens & Associates PLLC | TD Stevens
Yes, you can set the case for final trial and notify him if the date.
Answer Applies to: Texas
Replied: 7/7/2013
Ronald Main & Associates | Tracian M. Laignel
absolutely. You petition the court with a motion for default divorce. You state that the husband was served, has notice and has a copy of the divorce papers. Husband refuses to sign the papers. The court, after proper notice and time should go ahead and grant the dissolution of the marriage and just waive the need for the husband's signature on the divorce decree.
Answer Applies to: Oklahoma
Replied: 7/5/2013
Eric Johnson
Eric Johnson | Eric Johnson
It is a widespread myth in this country that people cannot get divorced unless their spouses agree to a divorce. Not so. Utah is no-fault divorce state. That means, among other things, that you can get a divorce for any reason or no reason at all. Your husband cannot prevent you from getting a divorce if you file for a divorce on the grounds of irreconcilable differences. This doesn't mean that getting a divorce will be easy or that your spouse will cooperate with you, but your spouse cannot stop you from getting a divorce in Utah if you want one.
Answer Applies to: Utah
Replied: 7/5/2013
    Peyton and Associates | Barbara Peyton
    Absolutely. You just need to have him served with the papers. If he doesn't file a response within 30 days, take his default and then submit your paperwork to the court for a judgment. You will probably need the help of an attorney or paralegal to get this accomplished.
    Answer Applies to: California
    Replied: 7/5/2013
    Kunin &Carman | Ishi Kunin
    It is always nice when a divorce is uncontested, but if the two cannot come too an agreement, then one party needs to serve the other with a Complaint for Divorce and start the clocking ticking for mandatory responses.
    Answer Applies to: Nevada
    Replied: 7/5/2013
    Vargas Law Office LLC | Ronnie Ismael Vargas
    Yes, You don't need your husband's consent for a divorce in the state of Wisconsin. If one party petitions for a divorce, that's all that is needed.
    Answer Applies to: Wisconsin
    Replied: 7/5/2013
    Gateway Legal Group | Christian J. Albut
    Yes. It would depend if a response was filed or not. If no response you can get a divorce through default proceedings. If a response was filed you request a trial with the court and they will enter the judgment without the other side present, if they do not show. Nothing states that the other side has to sign, it is at the discretion of the judge.
    Answer Applies to: California
    Replied: 7/5/2013
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    If he won't sign the papers, you will not be able to file a Simplified Dissolution. You will need to file a regular Dissolution of Marriage Petition, and have him served. Once he has been served, he will have 20 days to file a written Answer with the Court. If he fails to do so, you can request that a Default be entered and proceed to a final hearing.
    Answer Applies to: Florida
    Replied: 7/5/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Sure, file for divorce and have the court order the divorce. More time and money, but you will be divorced.
    Answer Applies to: Idaho
    Replied: 7/5/2013
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Yes. File and have him served.
    Answer Applies to: New York
    Replied: 7/5/2013
    Maskell Law Firm, P.C.
    Maskell Law Firm, P.C. | Eric A. Maskell
    Yes. Set the matter for a hearing and serve your husband with the notice of hearing. If he does not show then the Judge can sign a default order finalizing the divorce.
    Answer Applies to: Texas
    Replied: 7/5/2013
    Glenn Milgraum PC
    Glenn Milgraum PC | Glenn P. Milgraum
    In New Jersey any party can file for divorce based upon an irretrievable breakdown of the marriage for 6 months or more. If, the other party (after being properly served) chooses to "not appear" then a divorce will be granted by default. This however, will not grant you a religious divorce (which matters to some individuals who believe that a secular divorce is insufficient, although the secular divorce is recognized worldwide.)
    Answer Applies to: New Jersey
    Replied: 7/5/2013
    GordenLaw, LLC
    GordenLaw, LLC | Vanessa J. Gorden
    Yes. I'm not sure what "papers" you are referring to...the voluntary appearance or the property settlement? If he won't sign the voluntary appearance, you can still have him served by Sheriff or by publication. If he fails to file an Answer but refuses to sign a settlement agreement, you can still set a short divorce trial and ask the Judge to order what you had proposed and explain why. When in doubt, you should always consult a local attorney. If you are trying to do this on your own do to cost, many Nebraska attorneys will now do a "limited representation" to assist with just one part of the divorce process or provide consultation.
    Answer Applies to: Nebraska
    Replied: 7/5/2013
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    Yes. File the summons and petition. Have him personally served. If he does not Respond file a default. If he does respond then you can take him to court to get things finished.
    Answer Applies to: California
    Replied: 7/5/2013
    John Russo | John Russo
    Your husband does not have to sign anything, doing this yourself correct? I suggest you read the rules for domestic procedure in your jurisdiction paying close attention to service of process.
    Answer Applies to: Rhode Island
    Replied: 7/5/2013
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney