QUESTION

Can I file for divorce alone?

Asked on Oct 13th, 2011 on Child Custody - Alabama
More details to this question:
I need to divorce my husband that I have been separated for 3 years already and he just moved back home in Romania, and now I need to know if I can file divorce myself with out him since he failed to let me know.
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12 ANSWERS

Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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Yes.
Answered on Jun 03rd, 2013 at 12:57 AM

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We have done many divorces against parties in other countries, and usually it is not a problem but it does depend on the judge. The issue is that you have to serve your husband with the summons. First, if he agrees with the divorce, we can e-mail him the docs and he can return the signed and notarized copies. If he does not agree or you do not know where he is now, we can ask the court for an order of publication that allows that service to be done by publication in a newspaper. It takes a little longer to do it that way but it gets done.
Answered on Oct 19th, 2011 at 12:23 AM

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Cohabitation Agreements Attorney serving Cincinnati, OH at Cathy R. Cook, Attorney at Law
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You can file for divorce, but you must serve him, and foreign service can be complicated. You need to consult with an attorney.
Answered on Oct 18th, 2011 at 10:26 AM

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Steven D. Dunnings
Yes you can but serving him with the paper work might be a problem. For that reason, you should hire an attorney.
Answered on Oct 17th, 2011 at 3:37 PM

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Yes. You can file for divorce alone. You do not need your spouse's signature. However, he does have to be served with divorce papers in some fashion. You say that he has moved back to Romania. This will likely add some additional steps to accomplishing service upon him.
Answered on Oct 17th, 2011 at 3:28 PM

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Mediation Attorney serving Bloomfield, NJ at Cassandra T. Savoy, PC
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You can certainly file for a divorce. However, before any court will grant a judgment, you will have to prove to the court's satisfaction that spouse has been properly served.
Answered on Oct 17th, 2011 at 3:07 PM

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Yes, if you do not know his specific whereabouts we can simply file for divorce through publication, where he put him on notice of the pending divorce through a publication in your local newspaper.
Answered on Oct 17th, 2011 at 2:51 PM

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Glen Edward Ashman
You don't need his permission. See a lawyer. It can be done.
Answered on Oct 17th, 2011 at 2:34 PM

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Family Law Attorney serving Knoxville, TN at Patel & Eisenhower, PLLC
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Yes you may file for divorce without your husbands approval or knowledge. Once the divorce has been filed you will need to make sure your husband is served. It would be wise to meet with an attorney to represent you and take care of the process of service issues that may arise since your husband has now moved back to Romania.
Answered on Oct 17th, 2011 at 1:15 PM

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You can be the petitioner. You'll have to serve him however.
Answered on Oct 17th, 2011 at 1:00 PM

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Family Law Attorney serving Pasadena, CA at Law Offices of Paul P. Cheng
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Yes, you may file it alone.
Answered on Oct 15th, 2011 at 12:13 AM

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Divorces Attorney serving Birmingham, AL
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You need to hire an attorney to file for divorce by publication.
Answered on Oct 14th, 2011 at 11:11 PM

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