I was wondering if I need a signature from the other party on a divorce. We have been separated for 13 years.
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Oops....the answer is yes. You can get a divorce without the other party's signature.
The law is "supposed" to be such that any person can represent themselves. So not true, but you can represent yourself in a divorce action with relative ease. If you know the whereabouts of your estranged spouse, you will need to have him/her "served" through the sheriff's office.
If you do not know their whereabouts, you must "serve" them by a process called "publication". You must place an ad in the newspaper that is considered to be your "legal organ" for your town, advising them that they are being sued for divorce. If there is no response/answer within a certain time frame, you may continue on to the courthouse (Superior Court) to obtain your final divorce and decree.
A really "easy" way to do your divorce from scratch is to go to the courthouse and look through the files in superior court and find a divorce case that resembles yours. (All cases should be of public record - which means they are available to you...except for juvenile cases).
Have the clerk make a copy for you, then go home and change the words, names, information, etc. around to fit your specific case. Then go back to superior court and file it. You will need a copy to file, one to serve, and one for yourself. Hope this helps.
No. It is 2012. Anyone can get a divorce who wants one. Remember, as long as you are legally married he is your next of kin and can make decisions about you if you are unable to do it yourself. However, he may have already divorced you. Find out and get the divorce. He can't prevent it.
Consult an attorney for the proper answer. I don't think anyone can get a divorce without an attorney representing the person. But, who knows for sure but an attorney.
Ask a lawyer. They know the law for divorce in your state. Divorce laws vary from state to state. You may find one party can serve papers on another party without signatures but a lawyer in your state is the best answer to your question. And I am sure there will be no cost to answer one question.
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