QUESTION
If I filed the divorce papers without his signature, what will happen?
Asked on Nov 20th, 2012 on Divorce - Michigan
9 ANSWERS
If it was the Petition for dissolution of marriage, his signature is not required. If it was some kind of settlement agreement, it does require his signature.
Answered on Apr 30th, 2013 at 12:44 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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In Colorado you do not need his signature on anything. Once you have had the papers served on him, the court can proceed and it will be his responsibility to decided whether or not he will participate. If you don't have a lawyer you will need to learn enough about the rules to keep the case moving because the court will not do anything except in response to actions you take.
Answered on Nov 21st, 2012 at 11:30 AM
Collections Attorney serving Ypsilanti, MI
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Collis & Griffor, PC
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It depends on the papers you filed. If it is a divorce judgment, it is likely invalid but a complaint always is filed without the ex-to-be signature.
Answered on Nov 21st, 2012 at 11:24 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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In Ohio, depending upon the format you use several things could happen, from having the case dismissed to getting a divorce. Contact a family law attorney to make sure you are doing this the right way.
Answered on Nov 21st, 2012 at 11:23 AM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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You do not need the other party's signature to file for divorce. You will need to have him served with a copy of the petition for divorce. If he fails to file an answer, you can enter a judgment without his approval 61 days after the date you filed the suit. If he files an answer, you will need to have the case set for trial. It would be wise to hire a lawyer.
Answered on Nov 21st, 2012 at 11:23 AM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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The Petition and summons you initially file do not require his signature. You file the papers with court clerk. You get someone over 18 to personally give him the papers. That person completes a proof of service form and you file that with court clerk. He has 30 days to file his response. If he doesn't file you proceed by default. He cannot stop or prevent a divorce. If you need help go to the court facilitator's office at the courthouse. They offer free help.
Answered on Nov 21st, 2012 at 9:19 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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It is a contested divorce and will take its own course according to how the judge wants it to go.
Answered on Nov 21st, 2012 at 9:10 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I do not understand your question. It is possible to file for divorce without the signature of the opposition party at least in Michigan.
Answered on Nov 21st, 2012 at 9:09 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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If you filed, you do not need his signature. However, you need to serve these papers on him and complete the court process. To make sure your rights are protected and that this process is completed with correct documents, consult with an attorney.
Answered on Nov 21st, 2012 at 9:07 AM