Will the court accept the the signed papers abroad as actual notice of divorce?

Question

Instead of resorting to publication, will the court accept an actual notice of divorce if my husband signs all the divorce documents and have them notarized by the US consul of the foreign country? We neither have kids nor property.

George Seide · Answer

I do not understand the question.  Is it that your husband has signed a Stipulated Judgment and other documents necessary for filing an uncontested dissolution?

If so, yes, it will work.

Leonard A. Kaanta · Answer

You should have him sign an acceptance of the summons and complaint also.

Steven Alpers · Answer

Yes.

Barbara A. Fontaine · Answer

Probably. This has worked for me in Rhode Island and I expect that it would in other states.

Frances Headley · Answer

Normally, once a party has participated in the proceeding the question of service is moot.  Just be sure that the documents are all properly notarized.

Willie Stephen Graves · Answer

If he signs a waiver of citation and the final decree of divorce, all before an officer authorized to administer oaths such as the U.S. Consul, I predict you'll be okay.

Dennis P. Mikko · Answer

If your husband signs and has notarized his signature on the proposed Judgment of Divorce, the court should accept it.

Monica H. Donaldson Stewart · Answer

To show the court "notice" of the divorce, the other party should sign an "Acceptance of Service" in front of a notary (even if he is abroad). 

This is considered legal "service" of the documents, and the divorce can then proceed. 

If there are full agreements on the substantive issues, then the divorce can be concluded by having both parties sign a Consent Decree (again, this would need to be signed/notarized by the other party), or perhaps this situation is appropriate for a Default. 

I recommend you consult with an attorney to obtain some additional information about this process.

John Rivers · Answer

In most cases if both parties acknowledge that the court has jurisdiction over the parties and the subject matter, a divorce may generally be taken by agreement. 

The Court must be satisfied that the documents are genuine and actually signed by the parties.

Michael Yeksavich · Answer

Is this an OK divorce and do you have an attorney?

Harry Roth · Answer

Service can be effected anywhere in the world.? Yes, a signed acknowledgement by your husband of service of papers is sufficient to prove that he has been served with papers. Whether that is enough to get a divorce would depend upon what the papers are.

Dave Hawkins · Answer

All your husband has to do is sign the Joinder or sign the final paperwork, mail it back to you and you can finalize the divorce.

Gregory Crain · Answer

Yes.

John Brennan · Answer

I would check this out with your attorney, and if you do not have one, hire one. Generally the procedure which your describe would be sufficient. You are welcome to call my office with details and for an appointment.

Tajara Dommershausen · Answer

If he signs an admission of service wherever, there is no need to publish.

Theodora B. Fader · Answer

If your husband signs the acknowledgement of service of the summons and complaint (located on the back of the summons), your service is good without the need for publication. Just make sure that you file the signed acknowledgement with the county clerk.

Robert Merlin · Answer

He can file an answer no matter where he is.

Wesley Poole · Answer

Yes.

Leonard Schwartz · Answer

Yes in NJ if he signs a separate Acknowledgement of  Service and a Waiver of the time to file answer and enter default.

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Will the court accept the the signed papers abroad as actual notice of divorce?

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