QUESTION
Can I submit divorce papers to the court without my husband's signature?
Asked on Dec 26th, 2012 on Divorce - California
25 ANSWERS
Divorce & Separation Attorney serving Baton Rouge, LA
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George E. Downing, Jr. Attorney at Law
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Yes.
Answered on May 28th, 2013 at 1:35 AM
William C. Gosnell
No.
Answered on May 28th, 2013 at 1:31 AM
Glen Edward Ashman
If he won't sign, you can file a contested divorce, in which case it would be very dangerous and completely foolish to file something so complex without a lawyer.
Answered on Jan 03rd, 2013 at 4:56 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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You must serve him or at least try and then have the court order proper service. Talk to an attorney to resolve this matter to your advantage
Answered on Jan 03rd, 2013 at 4:49 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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The short answer is: if your husband is properly served with the complaint and summons, it is possible to obtain a divorce without his signature. Please see a Family law attorney for information and representation.
Answered on Jan 03rd, 2013 at 4:49 AM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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You may file for Dissolution of Marriage. You will need to have him served with the paperwork. If the two of you can't come to agreements on all issues and submit the full agreement in the form of a Judgment, then you will have to have a trial and have the Judge decide the disposition of all assets and debts, as well is determine issues of support, and child custody (if you have children). There are many steps to this process, I suggest you consult with an attorney, or if you cannot afford any attorney, go to the local Family Law Court and obtain help through the Self Help department.
Answered on Jan 03rd, 2013 at 4:48 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Sure, but you have to serve him and you need his agreement unless you get the court to order what the documents are to say by default or trial.
Answered on Jan 03rd, 2013 at 4:47 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Unless you intend to file the (rare) joint petition, you don't need your husband's signature on the divorce petition Just file the papers and have him served. If and when you reach a complete agreement you can both sign that and file it with the Court. Almost anyone benefits from having a lawyer in a divorce case Please consider it.
Answered on Jan 03rd, 2013 at 4:43 AM
Divorce & Separation Attorney serving Orange, CA
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Desai Camino, APC
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The answer depends on what stage in the proceedings you are in. If you are filing for divorce, you must personally serve the other party with the documents. After 30 days pass from the date of service, you can request a default and the court will proceed without the other party. If the case is already pending but the other side does not want to come to a stipulated agreement, you will need to set your case for trial and the court will issue orders and dissolve the marriage.
Answered on Jan 03rd, 2013 at 4:32 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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There is no requirement for your husband to sign anything. As long as you have him personally served the Summons and pertinent paperwork, the burden is on him to do whatever he feels necessary to protect his interests.
Answered on Jan 03rd, 2013 at 4:26 AM
Divorce Attorney serving Southfield, MI
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Do It Yourself Divorce, PLLC
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You can file a Complaint for Divorce (and other documents if you have children) in court without an attorney and without a signature from your husband. Once filed the court's procedural process starts and you will be required file the necessary documents timely and correctly. You will be responsible for serving your husband and you will be required to draft a Judgment of Divorce. All of this can be done without and attorney and without your husband's consent.
Answered on Jan 02nd, 2013 at 2:30 PM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In SC, Yes. You file a complaint for divorce and then it must be served on the opposing party. No action and/or inaction should be taken based on this information and it should not be applied to any situation without first consulting with an attorney in person regarding these matters.
Answered on Dec 31st, 2012 at 8:14 AM
If you serve him and he does not file an Answer, you can ask for a default judgment
Answered on Dec 28th, 2012 at 4:47 PM
Child Custody Attorney serving Ontario, CA
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Law Offices of Sherrie L. Davidson LLC
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This depends on what papers you are referring to. A petition or response, yes. If you mean a judgment, no, unless you are submitting a default judgment if you have already requested and received a default.
Answered on Dec 28th, 2012 at 4:47 PM
Under Utah law, if you have served you husband, its been over 90 days, and he has not answered your Divorce Complaint, you can file for a Default Divorce. IF HE ANSWERED YOUR COMPLAINT, YOU CAN CERTIFY FOR TRIAL, GO BEFORE THE COMMISSIONER FOR A SETTLEMENT CONFERENCE, AND FINALIZE THE DIVORCE THAT WAY. In each instance I would advise you to obtain counsel to assist you in this matter.
Answered on Dec 28th, 2012 at 4:45 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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You can file a Petition for Dissolution without his signature; but you will not be able to finalize without providing him with formal written Notice. If he fails to respond to the notice, you can obtain a Default without his signature. Incidentally, the duration of your separation has no bearing on the procedure described above.
Answered on Dec 28th, 2012 at 4:44 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You have to petition the court for divorce. Then you have to serve the petition and a summons on your husband. If he does not respond in 20 days, you can then ask the court for a default judgment. Assuming there are no children and you are not asking for anything from him, the court will probably give it to you. But you do have to go through those steps. You cannot sneak a divorce by your spouse.
Answered on Dec 28th, 2012 at 4:43 PM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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If your husband has not agreed to a settlement in writing that he has signed, the judge will not divorce you. You can ask the judge to order you to mediation.
Answered on Dec 28th, 2012 at 4:43 PM
If he has been served and failed to respond you can proceed to obtain a default judgment. You should consult a family law attorney or facilitator to assist you with the forms.
Answered on Dec 28th, 2012 at 4:41 PM
Suzanne H. Lombardi
It depends upon the papers that you submit. If you are trying to submit dissolution papers this will not work because you need his signature. You can file for divorce at any time if you are filing a regular divorce complaint.
Answered on Dec 28th, 2012 at 4:34 PM
If you are talking about filing a Petition for Dissolution (divorce), you would not obtain his signature on the document. If you reach a settlement after the divorce is filed, then you would both sign the final documents. I recommend you consult with an attorney for additional information about this process.
Answered on Dec 28th, 2012 at 4:34 PM
Business Law Attorney serving Walnut Creek, CA
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Bruce P. Zelis
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Depends on what "papers" you want to file, but generally I'd say yes. That's how you a get a divorce started, one or the other needs to file and initiate the proceedings.
Answered on Dec 28th, 2012 at 4:34 PM
Immigration Law Attorney serving Encino, CA
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Terenik Terry Koujakian Law Offices
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Yes, unless you are applying for summary dissolution.
Answered on Dec 28th, 2012 at 4:33 PM
If your husband won't sign an agreement you can file and serve papers on him. If he doesn't respond then, you can move forward with the divorce without him. There doesn't have to be an agreement to get a divorce in California
Answered on Dec 28th, 2012 at 4:33 PM
Child Custody Attorney serving Milwaukee, WI
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Zales Law Office
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Of course you can, you do not need your husband's permission to file a petition for divorce. You should get yourself a lawyer. A lawyer can help you in many ways that you might not think of if you do this yourself.
Answered on Dec 28th, 2012 at 4:33 PM