QUESTION
Can you get a simple divorce without a signature from your spouse?
Asked on Sep 30th, 2013 on Divorce - Florida
More details to this question:
My husband is currently in Florida state prison and in confinement. He will be in prison for 10 years. I have tried to send him the papers to sign but he hasn't responded. Is there a way to file this divorce without his signature? We don't have any children together or property.
5 ANSWERS
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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You don't indicate how long you were married or if alimony is an issue, but generally, you can file for divorce, serve him in prison with the papers, and if he doesn't file a response within the time set forth in the rules (generally 20 days), you can move for a default to be entered against him, and then request that the case be set for a 15 or 30 minute trial. He would have to be served with notice of the trial date and time as well.
Answered on Oct 01st, 2013 at 3:32 PM
John Arthur Smitten
Yes, however the spouse has to be served the papers first and be given notice.
Answered on Oct 01st, 2013 at 2:09 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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File as a contested case, have him served at the prison by the county sheriff. Case proceeds normally after that.
Answered on Oct 01st, 2013 at 1:34 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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It is not a simple divorce or an uncontested divorce if there is no agreement. You will need to file the right type of petition and have him served by the sheriff in the county. If he does not respond, you will get a default entered against him. You do not have to have his signature, it is just much easier if you do. The best thing to do is to hire an attorney for this.
Answered on Oct 01st, 2013 at 1:27 PM
Alimony Attorney serving Key West, FL
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Sheri Smallwood Chartered
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You cannot use the simplified forms, but you can obtain a divorce using the forms for no property and no children.
Answered on Oct 01st, 2013 at 12:16 PM