Surprisingly, your spouse does not need to sign divorce papers or even consent to the divorce. All that is needed in 1 year of separation and 6 months residency of either spouse in order to file. What you file with the court is not the actual divorce decree but a document called a Complaint along with a Summons. You do need to legally serve the lawsuit papers on your spouse (typically certified mail with return receipt via the green card or Sheriff service or the rare situation of legal publication in the newspaper under very complex rules which should only be done with an attorney). If you use certified mail, then technically the other spouse needs to sign something (but only the green card to accept the package, not the actual divorce decree or even the Complaint). The final divorce decree comes at the end once it's time for you to calendar your case, having your hearing, and present your proposed divorce judgment to the judge and it is the judge who signs the actual "divorce papers". If you are doing this on your own, make sure you have one of those Pro se (Do-it-Yourself) divorce packages, which most counties have at the court house and/or online and you can often use one any county so long as you change the county name at the top as well as call the Clerk to verify you have all the proper documents and steps.
Answered on Jun 26th, 2013 at 9:29 AM