QUESTION
How can I get a divorce without my spouse's signature?
Asked on Mar 13th, 2013 on Divorce - California
More details to this question:
My spouse abandoned me two years ago. She wants to sign the divorce papers. How do I get my divorce without her signature?
9 ANSWERS
Your spouse does not have to sign anything. You need to file papers and serve him. He then has 30 days to respond. If he does not, take his default and proceed with the divorce. If he does respond set the case for a trial and the judge will make order for the appraisal.
Answered on Mar 14th, 2013 at 1:11 PM
You do not need your spouses signature. As long as she has been properly served with the petition, personal service prefered, you can proceed without her cooperation to get a default judgment. You should consult a family law attorney or facilitator to assist you with the paperwork.
Answered on Mar 14th, 2013 at 1:11 PM
John Arthur Smitten
A Florida divorce only requires one party. File your case, get the ex served, then set the hearing with the court.
Answered on Mar 14th, 2013 at 1:11 PM
Family Law Attorney serving Villa Park, CA
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The Law Office of John J. Stanton
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You have to set it for hearing and give her notice. The court can then enter the Judgment at the hearing if all of the procedural filings have been taken care of. Go to the self help center at the courthouse to make sure.
Answered on Mar 14th, 2013 at 1:10 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I do not fully understand your question, however the court will do all in its power to make sure that the other party in a divorce is aware of the proceeding at all possible. Therefore, and generally, it is not possible to get a divorce without at least notification of the other party of the litigation and various hearings, then if they choose to ignore the preceding it is their problem.
Answered on Mar 14th, 2013 at 1:10 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Go to trial. If she hasnt answered, then you may be able to get a default judgment. If she has answered, your only hope is to go to trial. Besides, why would you not want her signature? Are you trying to do something that she will not like? If so, there is a good possibility that the court won't like it either.
Answered on Mar 14th, 2013 at 1:08 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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This question comes up repeatedly on this site. (I assume that you mistyped and wanted to say that she does NOT want to sign the divorce papers)She does not have to sign for you to get a divorce. If you know her address you can serve her with the complaint and if she does not answer you can get a default judgment of divorce. If you do not know her address you can use alternate service by order of the court to serve her.then you get a default and are divorced. This procedure can be complicated and needs to be done right or she can challenge the divorce judgment much later. So hire an attorney to do it for you.
Answered on Mar 14th, 2013 at 1:08 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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In California, you arent required to get the other side to sign the initial papers. You just have to have them served with the Petition. If they fail to file a response within 30 days, you can take a default against them.
Answered on Mar 14th, 2013 at 1:08 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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The filing party can get a divorce by default if the other party has been properly served and fails to respond.
Answered on Mar 14th, 2013 at 1:07 PM