Lets say that the man wants the divorce, but the woman refuses to sign. Is there a way to still get the divorce done? Or do both people have to sign to make it official? What if they stay in different states? Do they both still have to sign? What is the facts on this?
2006-12-28 11:45:51 · 10 answers · asked by Mmmm 1 in Family & Relationships ➔ Marriage & Divorce
It's true.
2006-12-28 11:50:30 · answer #1 · answered by pinniethewooh 6 · 2⤊ 0⤋
I know a couple that the man could not find his former wife to get the divorce finalized. He posted an ad in a newspaper and had it run for a certain amount of time and this constituted some kind of agreement to the papers he'd had drawn up and it finalized his divorce. I'm not a lawyer and don't know the legalities but I do know for a fact that he was able to get a divorce without her signing because she was not available (I'm sure this varies state to state). I do think, however, if the spouse is available, they can make it difficult... check with a lawyer :)
2006-12-28 11:52:42 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Pamela is wrong. A person’s spouse does NOT have to consent to a divorce in order for it to be granted.
After one party files for the divorce, the other party is served (receives a formal notice of the filing). If a person doesn’t know where their spouse is, then their spouse can be served through alternate means such as publishing a notice in a newspaper. Then you have a hearing, the court determines if the divorce will be granted (they will not deny it merely on the basis that one spouse doesn’t want it), and the JUDGE signs the decree granting it.
2006-12-28 12:26:04 · answer #3 · answered by kp 7 · 0⤊ 0⤋
The divorce will go through with or without her consent. If she doesn't contest the divorce the judge will just rule in the husbands favor. If you can't find the person then you have to place an ad or some other way to try to locate them. After a certain period of time the divorce will go through as uncontested.
2006-12-28 12:17:13 · answer #4 · answered by jenw1403 1 · 0⤊ 0⤋
I know there is such a thing as a default motion; that's when the respondent neglects to file his/her appearance within the time allotted after being served. I also know that in cases where parties live in different states, the courts will put public notices in the newspaper. In both cases, if the respondent doesn't respond, I believe the judge rules in favor of the petitioner (the person who took the case to court). Hope this helps!
2006-12-28 12:34:43 · answer #5 · answered by Anonymous · 0⤊ 0⤋
The divorce can still go through if one of the parties involved does not sign. There is nowhere in America that anyone can be made to stay married to someone against their will.
2006-12-28 13:38:05 · answer #6 · answered by Special K 5 · 0⤊ 0⤋
the petitioner will get a divorce in the state it was filed for in. the judge will issue a decree after giving the respondent ample time to respond to the papers he/she has been served. if the papers are not served, they will place notices in newspaper in an attempt to locate him/her. this may take a while but the divorce will go on with or without the other party.
2006-12-28 12:32:57 · answer #7 · answered by sinned 7 · 0⤊ 0⤋
It doesn't matter what state you are in both parties have to sign. Both of you are married so both of you have to agree to dissolve the marriage. If this can't be worked out between the two of you that's when the courts come into play. Regardless, one cannot divorce his/her spouse without the spouse's knowledge or consent. Now if your spouse claims you abandoned him/her and has no way to contact you and posts an ad in the paper for a specific number of weeks I have been told the judge will grant a divorce in that case on grounds of abandonment. They have to exhaust all means to contact you for that to happen though.
2006-12-28 11:53:10 · answer #8 · answered by Pamela 5 · 0⤊ 3⤋
NO! with one of them that sign is enough, it one takes one of them to want to get divorce!and if they lived on different states that should speed up the process.
2006-12-28 12:27:14 · answer #9 · answered by mamachula01 3 · 0⤊ 0⤋
I'm doing it right now , the other party only has to be served and at the end of a certain period of time if they can not be found to get them served then you do the news paper announcement thing and then its done.It just takes longer
2006-12-29 02:06:57 · answer #10 · answered by cindybells 2 · 0⤊ 0⤋