More details to this question:
We are know longer together and I want to end a loveless marriage.
14 ANSWERS
Family Attorney serving Seattle, WA
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Seattle Divorce Services
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Under Washington law, for you to file a divorce action, you will need to sign the papers. You then need to serve your spouse. You don't need him/her to sign for the documents to be served. If your spouse does not respond to the petition, then you may complete the case without him/her by default. If your spouse does file a response, then you need to either come to agreement on the terms of the divorce or go to trial to have the court decide the terms.
Answered on Jun 20th, 2011 at 11:49 AM
Theodore W. Robinson
Yes, this is a common misconception. There is no agreement, unless you both agree. So no signature is needed if there is no agreement. In such a situation, the Court will decide what happens to your lives. I suggest you both try your best to agree on equitable distribution, child custody and support and maintenance if any and be done with it. Good luck.
Answered on Jun 20th, 2011 at 11:32 AM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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You may be able to get a divorce after filing and service on the other spouse (by default).
Answered on Jun 20th, 2011 at 10:53 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Your question is too broad to understand how to answer. One of you will have to sign a petition asking a court to dissolve your marriage. In Colorado, the other spouse's signature is not required to get the divorce, but cooperation may necessary to decide any financial issues.
Answered on Jun 20th, 2011 at 10:34 AM
Patricia C. Van Haren
You must file a petition for dissolution in the proper courthouse. You do not need the consent of your spouse, however you will need to serve your spouse with paperwork. In order to insure that your divorce is filed properly, you may wish to contact an attorney to assist you in preparing and serving your dissolution documents.
Answered on Jun 20th, 2011 at 10:25 AM
Yes. Your spouse's signature is not required. What is required is that at least one of you has to sign all of the divorce papers. Also, one of you has to be willing to go into court and swear that the marriage is irretrievably broken. So, you can get divorced without your spouse's signature. That being said, your divorce will likely be easier, cheaper, and faster if the two of you can come to an agreement and if both of you sign all of the papers.
Answered on Jun 20th, 2011 at 10:09 AM
William Guy Pontrello
You must file the papers and have him noticed for court if he defaults the judge can grant the divorce without anyone signing.
Answered on Jun 20th, 2011 at 10:07 AM
No, one of you would need to file the divorce action (or file a joint petition with both of you signing). We do help clients process paperwork only, if you think that is all that is needed.
Answered on Jun 20th, 2011 at 9:44 AM
In Georgia, if you want a divorce, you will have to file a complaint for divorce and have your spouse served with the complaint.
Answered on Jun 17th, 2011 at 3:16 PM
3 Awards
In Wisconsin, you may file for and be granted a divorce without your spouse agreeing to the same.
Answered on Jun 17th, 2011 at 1:44 PM
Glen Edward Ashman
Yes. There are two ways one can get divorced. The fast and fairly cheap one is to reach an agreement and everyone signs. The slower and far more costly is to serve him and have a contested case (where you do not need his signature). The main difference is time and thousands of dollars.
Answered on Jun 17th, 2011 at 1:44 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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I assume you meant without her signing. You still have to serve her with the papers, but if she elects not to sign, you can still get your divorce. Please see a domestic relations attorney near you soon.
Answered on Jun 17th, 2011 at 1:43 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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I am not sure what you are asking. You can file for divorce, but you sign the Petition. Are you asking if the other side needs to agree? If so, then the answer is no. The other side doesn't have to agree for you to get a divorce. If you are in my area and are looking for an attorney, please contact me for a free consultation.
Answered on Jun 17th, 2011 at 11:24 AM
In order to divorce your spouse you must file paperwork with the court and you must sign the documents for the divorce to be legal.
Answered on Jun 17th, 2011 at 10:53 AM