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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 11-24-2005, 12:06 PM
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Does anyone know... if I put in my one year living separate from him, can I get the divorce even if he won't sign the papers once I file??
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Old 11-24-2005, 07:59 PM
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Staber,

Yes you can still get divorced. If he refuses to sign, this is what you would call a contested divorce. You will have to take the matter before a judge and explain the circumstance. If he is just giving you a hard time just for the sake of giving you a hard time and there is no real issues to settle, most likely the judge will grant the divorce. If there is still issues to settle and they have merit, it is best to settle them first before applying for divorce.
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Old 11-29-2005, 10:55 AM
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Staber,

If you believe that the divorce will be uncontested, you may certainly obtain the divorce without a signature from your husband. There are many cases where although the respondent will not contest the divorce, he/she simply doesn't want anything to do with it.

If the application is marked as a simple divorce, where you are the applicant and your husband the respondent, the only thing your husband must do is accept service of the application from a process server or anyone willing to serve him personally (except you). Once he is noted in default 30 days after being served (meaning has had not filed an answer), you may proceed with the divorce without any further participation from your husband.

Again, this is only if you believe that your husband will not contest the divorce. If you believe he will, you may want to consider speaking with a lawyer to find out what to expect if you proceed.

Lindsay
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