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Reeves Law Firm, P.C. | Roy L. Reeves
Your spouse does not have to sign. If you want an uncontested divorce he or she has to sign but you can go to the Judge and get the Judge's signature even if your spouse disagrees.
Answer Applies to: Texas
Replied: 9/26/2011
John E. Kirchner, Attorney at Law | John Kirchner
In Colorado there is nothing that the other spouse has to sign, so you can ignore those ignorant demands that a court would not enforce anyway.
Answer Applies to: Colorado
Replied: 9/23/2011
Theodore W. Robinson, P.C. | Theodore W. Robinson
"Signing" a settlement is NOT necessary to finalize a divorce. I would never advise such action on your part since it would be coercion on his part and you would be surrendering when it is not necessary. Instead, you can still go to trial and prove why your spouse does not deserve custody and let the Judge determine the case after hearing all the evidence. Good luck.
Answer Applies to: New York
Replied: 9/22/2011
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
You can wait for the requisite 2 years in PA and pursue a no-fault divorce without her consent. You may also "give up custody" temporarily and file for modification later.
Answer Applies to: Pennsylvania
Replied: 9/22/2011
The Law Office of Kem Eyo, LLC | Kem Eyo
You do not have to have to consent or signature of your spouse in order to obtain a divorce. Rather, you can proceed with a contested divorce and either attempt to work out custody in mediation or argue the issue before the judge.
Answer Applies to: Georgia
Replied: 9/22/2011
Law Office of Michael W. Bugni | Jay W. Neff
I cannot tell you what you "should" do. However, I can tell you what you "could" do. One of the things that you could do is to file the case as a contested dissolution and just move forward on that basis. This would remove the need for your spouse to sign the divorce. He would have to be served, of course. The disadvantage to this approach is that a contested case may be more complex and expensive than an agreed divorce.
Answer Applies to: Washington
Replied: 9/22/2011
Fox Law Firm LLC | Tina Fox
If you are not willing to give up custody then you need to hire an attorney to fight for and protects your rights as a parent. You cannot us the child as a pawn in your divorce case.
Answer Applies to: Illinois
Replied: 9/22/2011
Law Office of Cassandra Savoy | Cassandra Savoy
The situation you describe does not exist. Your spouse does not have to sign for a divorce. S/He just needs to know that one has been filed. If the two of you can't figure out who should have custody, the court will decide. The court's decision will reflect what is in the best interest of the child.
Answer Applies to: New Jersey
Replied: 9/22/2011
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
That is insane. NO, do not agree to this. Instead, come talk to me. You need some advice from a divorce attorney. What kind of nonsense is that, your spouse is trying to blackmail you into agreeing to give up custody?! I can help you with this. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
Answer Applies to: New Jersey
Replied: 9/22/2011
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Refuse and let a judge decide the matter of custody if your spouse wants to contest it.
Answer Applies to: Virginia
Replied: 9/22/2011
Hugo Florido ESQ. | Hugo Florido
Florida Law does not require her to agree to the divorce. If you child is important to you, then you litigate in the Family Court your rights.
Answer Applies to: Florida
Replied: 9/22/2011
Hochman and Peppler, LLC | Thomas R. Peppler
You should hire a lawyer to assist you in keeping custody and getting child support. The threat that you cannot get a divorce without his consent is a lie.
Answer Applies to: Florida
Replied: 9/22/2011
Law Offices of Paul A. Eads | Paul A. Eads
She doesn't need to sign it. Once you file your petition & she fails to respond, you can request her default.
Answer Applies to: California
Replied: 9/22/2011
Beaulier Law Office | Maury Beaulier
Custody decisions are complicated and decisions should never be made uncounseled. Contact a divorce layer.
Answer Applies to: Minnesota
Replied: 9/22/2011
Patricia C. Van Haren, Attorney at Law | Patricia Van Haren
Your spouse does not need to sign the divorce. If your spouse does not consent to divorce, then you should hire an attorney and take your case to trial. The judge will make a ruling on custody when you are at trial.
Answer Applies to: California
Replied: 9/22/2011
Reza Athari & Associates, PLLC | Riana Durrett
Under Nevada Revised Statute 125.465, married parents have joint custody until otherwise ordered by the court. Once a court issues a custody award, then both parties will have to follow it or be subject to sanctions such as paying the other party's attorney fees or even jail time in extreme cases. My office is well-experienced in these cases and provides free consultations.
Answer Applies to: Nevada
Replied: 9/22/2011
Law Office of Kathryn L. Hudson | Kathryn L. Hudson
No one can be legally forced to give up their custody rights in exchange for signing divorce papers. You should retain an attorney and bring it to the court's attention that she tried to extort you into giving up your rights.
Answer Applies to: Arkansas
Replied: 9/22/2011
The Law Office of Erin Farley | Erin Farley
This situation is completely unreasonable and abusive. You do not need your spouse to "sign" anything. Go to the courthouse, file for divorce and request custody. Either your spouse will answer and the judge will decide, or your spouse will not answer and you can take a default judgment.
Answer Applies to: California
Replied: 9/22/2011
Law Office of James Lentz | James Lentz
First, get a lawyer. Second, tell your spouse that it doesn't work like that and if need be, you can divorce without he or she signing anything. But you will need a lawyer.
Answer Applies to: Ohio
Replied: 9/22/2011
Law Offices of Arlene D. Kock | Arlene D. Kock
Contact and retain an attorney to protect you and your child's legal rights.
Answer Applies to: California
Replied: 9/22/2011
The Law Offices of Robert W. Bellamy | Robert W. Bellamy
Get a lawyer and file the suit for divorce and ask the judge for joint or total custody.
Answer Applies to: Alabama
Replied: 9/22/2011
Linda C. Garrett Law | Linda Garrett
California-based answer. In California, you do not need your spouse's consent (verbal, written or otherwise). The legal basis, for most folks, is "irreconcilable differences." If your spouse won't consent to settlement or any or all issues, then you would ask the court to divide and/or resolve all legal issues, including custody, visitation and support issues. Good luck!
Answer Applies to: California
Replied: 9/22/2011
Law Offices of Thomas D. Nares | Thomas D. Nares
The only time one spouse needs the signature of the other to get a divorce is in a "summary dissolution." In a regular petition for dissolution of marriage, if you cannot agree on the terms of any issue, the court decides after you file a notice motion for hearing on that subject. Gook luck.
Answer Applies to: California
Replied: 9/22/2011
Law Offices of Steven A. Hemmat | Steven A. Hemmat
You are entitled to obtain a divorce from your spouse regardless of the residential arrangements for your children. If your spouse does not agree to sign off on divorce papers, you can have him served with your proposed parenting plan along with other proposed orders (use of property, child support, maintenance, etc.).
Answer Applies to: Washington
Replied: 9/22/2011
Petit & Dommershausen SC | Tajara Dommershausen
Get a lawyer and fight. Your spouse doesn't need to sign anything.
Answer Applies to: Wisconsin
Replied: 9/22/2011
