QUESTION
Can I still get a divorce if my wife will not sign the papers?
Asked on May 28th, 2015 on Divorce - Florida
More details to this question:
Can I still get a divorce if she will not sign the papers? How do I do it?
10 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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File a Contested Dissolution of marriage, have her served the papers by a Process Server. Her consent or agreement is not necessary.
Answered on Jun 03rd, 2015 at 7:40 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Which papers? See an attorney, this could get complicated. It is best to do it right the fist time and make it stick.
Answered on Jun 03rd, 2015 at 7:40 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If you are in Florida, the Wife doesn't have to sign anything, unless you are talking about doing an uncontested divorce with a full settlement agreement - which it sounds like she is not in agreement. You need to file for divorce and serve her with the papers. Then she has to respond or face potential sanctions. If you are uncertain how to proceed, you should hire an attorney to assist you.
Answered on Jun 03rd, 2015 at 7:40 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Yes. You get her served and she need not sign anything.
Answered on Jun 03rd, 2015 at 7:40 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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Yes. You have to have the papers served on her.
Answered on Jun 03rd, 2015 at 7:40 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Your wife does not need to sign anything if you do it right or not until you have a final agreement, called a Marital Settlement Agreement. The best way to get started is to find an experienced family law attorney and retain him or her to draft the Summons and Complaint (and perhaps additional papers) and have them 'served' (officially delivered) to your wife. She will not need to sign for them: the process server will simply file an affidavit with the court that s/he served her. Good Luck.
Answered on Jun 03rd, 2015 at 7:40 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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A divorce does not require agreement between the parties. Once you file it with the court and serve her, you proceed and either settle the case if you can come to agreement or it goes to trial. In either case, you will get a decree ending the marriage.
Answered on Jun 03rd, 2015 at 7:40 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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In Michigan you can get a default divorce..you need to follow the default provisions of the Michigan Court Rules It is not easy .. get an attorney.
Answered on Jun 03rd, 2015 at 7:40 PM
Florida is a no fault divorce State. That means that one spouse can get a divorce even if the other spouse does not sign papers and does not want a divorce. If you have filed and served all the necessary papers and forms and she won't sign, just ask the Court for hearing on a motion for a default judgement of dissolution. If she fails to show up and cooperate, the Judge will give you your divorce anyway. Good luck.
Answered on Jun 03rd, 2015 at 7:40 PM
Yes. File and serve your divorce papers. If she doesn't respond, take her default and proceed to judgment without her input. Good luck.
Answered on Jun 03rd, 2015 at 7:40 PM