More details to this question:
I've been married for two almost three years. I've been separated from my husband for two years. He's a drug addict and has since been arrested and is out on probation, but he is a vagabond. He doesn't want me to divorce him but I want to marry someone else. We have two children together.
12 ANSWERS
I have no way of knowing whether your divorce would be "uncontested" because I don't know whether there's anything he might dispute (other than wanting the divorce itself). Arizona is a no-fault divorce state, so he cannot stop you from divorcing him.
Answered on Jan 31st, 2013 at 2:39 PM
Car Accidents Attorney serving Milwaukee, WI
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The only way you can get an uncontested divorce is if your husband doesn't contest anything. But even if he becomes obstructive or non cooperative during the divorce, that does not mean that you can't get a divorce. Wisconsin law does not require consent from your husband in order to proceed with a divorce.
Answered on Jan 30th, 2013 at 4:02 PM
To get a divorce, you must file papers with the court and have your husband served. Once that happens, the case will proceed even if he doesn't agree to sign papers.
Answered on Jan 30th, 2013 at 4:02 PM
Medical Malpractice Attorney serving Clermont, FL
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The divorce would only be an uncontested divorce if you were in agreement on everything and there were no disputed issues. That does not sound to be the case.
Answered on Jan 30th, 2013 at 12:21 AM
You can sue for divorce and if he doesn't respond you can default him. The issue you might run into, though, is making sure you properly serve him throughout the process.
Answered on Jan 29th, 2013 at 10:49 PM
He can not prevent you from seeking and receiving a dissolution but you can not prevent him from filing a response and participating in the process.
Answered on Jan 29th, 2013 at 8:45 PM
Theodora B. Fader
You will need to follow the same procedure to obtain a divorce, whether it is contested or uncontested. The case is only uncontested if the parties agree upon the result. It would be beneficial for you to at least have a consultation with a divorce lawyer to obtain some understanding of the process.
Answered on Jan 28th, 2013 at 1:45 PM
You do not need a signature nor permission. You can get divorced without cooperation.
Answered on Jan 28th, 2013 at 1:34 PM
General Practice Attorney serving Crystal Lake, IL
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You need to file a petition for divorce. The petition can be served directly upon your husband. If he cannot be located, he can be served by publication.
Answered on Jan 28th, 2013 at 1:33 PM
File a Petition and have him sign a waiver. Wait 60 days and present an Agreed Decree to the Court.
Answered on Jan 28th, 2013 at 1:33 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If he doesn't want to divorce you it's not uncontested. File for divorce.
Answered on Jan 28th, 2013 at 1:32 PM
Yes. You can go to your local courthouse to get a packet of documents. You may need help with them but many courts have a facilitator or volunteer attorneys to help you fill them out.
Answered on Jan 28th, 2013 at 1:28 PM