QUESTION
I have filed for a divorce ad sent the waiver of Citation and Final Decree for him to sign and he did not can I get my divorce granted without it?
Asked on Apr 21st, 2014 on Divorce - Florida
More details to this question:
Do I need my spouse’s signature to get a divorce? We have no property or children together. I have filed the papers already and I have a court date set. He's refusing to sign the papers.
4 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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He doesn't have to. You may have to wait until trial to finish the divorce if he responded. If he didn't respond you can get a default judgment after 90 days from the date of service.
Answered on Apr 22nd, 2014 at 8:45 PM
Attorney serving New Orleans, LA
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Nancy C. Chachere Attorney at Law
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If he doesn't sign the waiver of citation and service of process, then you contact the court and have him served with the petition and citation.
Answered on Apr 22nd, 2014 at 8:43 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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If he was served papers (either by Sheriff or signing a Voluntary Appearance) you can go ahead with the divorce. If he was never served you have to back up and get that accomplished.
Answered on Apr 22nd, 2014 at 3:16 PM
You won't need the spouses signature, however, you will have schedule the final hearing and give the spouse proper notice.
Answered on Apr 22nd, 2014 at 3:11 PM