This couple got married this year and the husband wants a divorce but the wife will not sign what should the husband do?

I do not know why this question keeps coming up. He can file and if she does not agree he can force it and get a default judgment. The law does not require that someone stay married.

The only time the Defendant in a divorce action is required to sign divorce documents is when it is an uncontested divorce. An uncontested divorce requires the parties to sign (at a minimum) a Settlement Agreement. Otherwise, the Plaintiff should file the divorce action in court and have the Defendant served by the appropriate Sheriff's department or authorized private process server.

In Colorado one spouse can file for divorce and there is nothing that requires signature of the other party. When the Petition is filed it must be served (i.e. delivered in person) to the other party, but there is nothing he/she has to sign.

Washington State is a no fault state, which means that anyone can get divorced, with or without the cooperation, approval or involvement of the other spouse. Using the mandatory forms for divorce in Washington, you can have the appropriate pleading documents served on her, to which she is to formally respond within 20 days. If she does not respond, and you initially served all the appropriate papers fully and properly completed, including but not limited to a proposed child support orders and worksheet, parenting plan, and asset and liability division, and service/summons related documents, you would be able to schedule a hearing with the court after 90 days from the service, to have the court enter a default order and decree of dissolution; you would be divorce. To make sure that you do not take a misstep in this process, you would be best advised to engage an attorney. In reality, most people do respond to the original petition, seeing as it then becomes obvious that the divorce is going to happen, with or without their involvement. If this happens, then a more traditional route to divorce is typically followed. This information is for general public information and is not to be considered legal advice nor does it establish any confidential attorney/client privilege.

In the State of Utah, a person has the right to a divorce whether or not the other party agrees. Depending on the issues in the marriage, along with debts, assets, custody, and parent-time etc, one parent may not deny the other from obtaining a divorce. I would advise you to seek counsel to assist you in the process.

He can file for divorce and have her served.

File a contested divorce. Have her served. Go to trial and prove the case.

If he wants a divorce, then she can't stop him. He just needs to file and get her served. He should consult with an attorney in order to properly proceed, especially if she is non-cooperative. Detailed answers to many frequently asked questions regarding divorce, custody, visitation, child support, alimony, paternity and other Family Law matters are located on my website at http://www.mitchell-pa.com/FAQ_Main.html Be sure to stop by and check it out! And of course, if you have a question that is not addressed, please feel free to email me directly. Additionally, if your existing or potential case is in or near the Central Florida area (Orange, Osceola, Lake, Sumter, Marion, and nearby counties), I would be more than happy to speak with you personally regarding your potential Family Law matter. My office offers free initial telephone consultations, during which we can discuss your matter in more detail, as well as explore the potential rights and options available to you. If you would like to coordinate a free initial telephone consultation, please contact my office at 407-971-6140 or 352-324-2444 to schedule same. Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.

Go to court and default her. You need to learn what paperwork you need to do that.

You do not have to have the cooperation of the other party do get a dissolution. You only need to be able to serve them with the petition.

He just needs to serve the wife with papers per the rules and if she doesn't answer the divorce will enter without her signature.

What the husband needs to do to get a divorce without the wife's cooperation in signing depends upon what the wife is refusing to sign.? If the wife is refusing to sign an acknowledgement that she has been served with the complaint for divorce, the husband would need to arrange for service upon the wife and then to file a return of service with the court.? If the wife is refusing to sign a consent judgment, the case would proceed through the court system.? It would be a good idea for the husband to retain an attorney to assist him with the case so that proper procedure is followed.

He can file a Petitoin to dissolve the marriage at his local family courthouse.

File and Serve her. If she does not respond, he can take default. Worst case scenario you have to wait until trial.

In SC, he can file a complaint for divorce and have her served in one of the manners authorized by law. He should consult a local attorney as soon as possible with regards to this matter.