QUESTION
I'm legally separated for 7 months but my husband won't sign the divorce papers, what can I do to terminate the marriage?
Asked on Mar 15th, 2013 on Divorce - California
7 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You need to file for divorce and if you already have filed proceed with the papers.
Answered on Mar 17th, 2013 at 9:13 PM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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Your husband doesn't need to sign the papers (although it would make things easier if he did). I don't know if you are referring to the initial papers (Summons and Petition) or something like a Marital Settlement Agreement.
Answered on Mar 17th, 2013 at 8:38 PM
When you say "legally separated" do you mean you have a court order of legal separation or simply that you and your husband have been separated for seven months. In either case, you can file papers with the court to get 1. your legal separation judgment changed to a divorce judgment or 2. your divorce started and moved to a judgment. Your husband doesn't have to sign anything. You simply have to get him served with papers and go from there. Depending on whether you come under #1 or #2, you will need some help from a lawyer or a paralegal.
Answered on Mar 17th, 2013 at 8:14 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You can file for a default if he hasn't responded.
Answered on Mar 17th, 2013 at 6:18 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. His cooperation is not necessary.
Answered on Mar 17th, 2013 at 6:17 PM
As long as he has been served, he does not have to sign anything for you to be able to get the dissolution. You can proceed to get a default. You should consult a family law attorney or facilitator to assist you.
Answered on Mar 15th, 2013 at 4:25 PM
Proceed with the divorce. You don't need your husband's permission to get a divorce in California.
Answered on Mar 15th, 2013 at 4:12 PM