QUESTION
Can I file and get my divorce without his signature and how?
Asked on Jul 28th, 2015 on Divorce - California
More details to this question:
We have been married for 16 years and separated for the last 7 years. He refuses to sign the papers. We have no kids together and nothing to fight over for. He got rid of everything I/we had.
2 ANSWERS
Do you know where he is? If so, you can file a Petition for Dissolution of Marriage with a Summons and have him personally served by the County Sheriff in the county where he resides (even if he is out of state). Once he is personally served and the proof of service is filed with the court in which the dissolution case is filed, he has 30 days to file an answer or you can file a motion for default. Once the motion for default is granted, you can file a judgment for dissolution of marriage. Your marriage is OVER when the judge signs the judgment.
Answered on Aug 04th, 2015 at 1:17 PM
He doesn't have to sign anything. File for divorce and have him served. It will go forward from there Good luck.
Answered on Aug 04th, 2015 at 10:42 AM