QUESTION
What can I do if I want a divorce but my spouse will not sign?
Asked on Jun 14th, 2011 on Child Custody - Washington
16 ANSWERS
Administrative-Regulator Attorney serving Seattle, WA
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Law Offices of Karen A. Clark
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Washington is a no-fault dissolution state. You do not need your spouse's consent, agreement or signature for your dissolution to be complete. If there are outstanding issues regarding property and/or child support, it might be a good idea for you to consult with an attorney about the best way to complete your dissolution.
Answered on Jun 27th, 2011 at 5:10 PM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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File the divorce and have him served. If he fails to respond, you may be able to get divorced by default. If he does respond, then ask the Court for a trial.
Answered on Jun 20th, 2011 at 10:59 AM
In Georgia, it only takes one person to get a divorce. If your spouse does not want to sign uncontested papers, you can still file for divorce and have a Sheriff's deputy serve him with the divorce complaint.
Answered on Jun 16th, 2011 at 12:37 PM
Traffic DUI/OVI Attorney serving Dayton, OH
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Deal & Hooks, LLC
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You will not need your husband's signature to obtain a divorce. You can file a divorce, and if he does not contest it all you will need is a witness and a prepared decree. The Court can grant a divorce if the witness testifies that your grounds are true. Even if he never shows up the court can grant and finalize the divorce. It is easier if he is there and agrees, but that is not a requirement in a divorce, only in a dissolution.
Answered on Jun 16th, 2011 at 11:08 AM
Your spouse's signature is unnecessary for you to get a divorce. Now, typically, if the two of you can reach an agreement, and both sign all of the papers, the divorce will be easier, faster, and cheaper than it will be if there is no agreement. But that agreement is not required. You can go ahead with the divorce as a contested case. What is required is that at some point in the process, you will have to go into court and swear that the marriage is irretrievable broken.
Answered on Jun 16th, 2011 at 9:20 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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In Colorado and most "no-fault" states it only requires one party to end the marriage. There is nothing your spouse needs to sign to allow you to proceed with a divorce. Consult a lawyer to discuss how to proceed.
Answered on Jun 16th, 2011 at 9:18 AM
William Guy Pontrello
You must file paper to have the judge adjudicate the dissolution and property.
Answered on Jun 15th, 2011 at 3:32 PM
Bankruptcy Attorney serving Huntington Beach, CA
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The English Law Firm
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Depends on the state. In California, his consent is not required.
Answered on Jun 15th, 2011 at 11:00 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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He doesn't have to sign. Serve him and proceed.
Answered on Jun 15th, 2011 at 10:55 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Nobody has to stand marriage if they don't want to accept for covenant marriages in the state of Louisiana. Your husband does not have to agree to the divorce, he just needs to be notified that it's going to happen. Please contact a local domestic relations attorney for for further information.
Answered on Jun 15th, 2011 at 10:55 AM
In IL you do not need the signage of both spouses. It is easier, of course, if both parties can come to an agreement, but not necessary. You may call the office today to speak with an attorney to discuss this in more detail.
Answered on Jun 15th, 2011 at 10:12 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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In California, you don't need the consent of the other party to divorce. If you are in my area and are looking for an attorney, please contact me for a free consultation.
Answered on Jun 15th, 2011 at 10:12 AM
In Washington State, the court only requires one party to request a divorce. The other side does not have to agree.
Answered on Jun 15th, 2011 at 9:48 AM
Glen Edward Ashman
That means you have a contested divorce. You already should have retained a lawyer. You'll simply have to pay him more and see it take longer but if you want a divorce, it will still happen.
Answered on Jun 15th, 2011 at 9:46 AM
Family Attorney serving Seattle, WA
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Seattle Divorce Services
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Under Washington law you need to have your husband served with the divorce papers. If he does not respond, you can complete the case by default. If he does respond you either come to agreement or go to trial to determine the terms of the divorce.
Answered on Jun 15th, 2011 at 9:37 AM
Patricia C. Van Haren
In California, only one party needs to consent to the divorce. We are a no fault state, meaning you may proceed even if the other party does not wish to divorce. You should file for a petition for dissolution and have it served on your husband. Once you have served the paperwork, your husband will have 30 days to respond. If he does not choose to respond, then you may file a default and proceed by default. If he does respond, you will still be granted a divorce even without his consent.
Answered on Jun 15th, 2011 at 9:37 AM