How to File for a Divorce Even When the Other Spouse Does Not Want to Sign the Papers
When a marriage breaks down to the point of dissolution, both parties will often consent to the divorce, even if it is not necessarily amicable. However, some spouses are just not willing to let go, even after divorce has gone beyond the inevitable and into the absolute necessity. In most cases, this does not bar you from dissolving the marriage - there are ways to file for divorce, even when the other spouse does not want to sign the papers.
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Instructions
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Review your state's divorce laws and procedures. The laws vary from state to state, and your state's requirements for filing for a divorce when the other spouse does not want to sign the papers may be slightly different from the accepted norm. Consult a family law attorney for help if you are unfamiliar with your state's particular laws.
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Determine the grounds on which you will file the divorce. This is the legal reason that the marriage began to deteriorate. You may provide more than one reason. Be aware that every state except for New York and South Carolina now allows "no-fault" divorce, where neither spouse is guilty of any action that led to the marriage's failure. You will still need to cite grounds for the no-fault divorce, such as irreconcilable differences, irretrievable breakdown or incompatibility.
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Obtain divorce complaint (or in some states, a petition) forms from the clerk of the family court in your jurisdiction. Complete the complaint and state the grounds for the divorce, along with the facts supporting these grounds. For example, if you and your spouse have been living in two different homes for six months and your spouse is seeing someone new, these facts could support a divorce on the grounds of irreconcilable differences.
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File the completed complaint with the family court clerk and pay the appropriate filing fee. Your spouse does not need to sign the papers before you can file them. The clerk will accept the complaint for filing as long as you have completed it properly and attached your signature. You may be able to obtain a fee waiver if you can demonstrate you will suffer undue financial hardship if you are required to pay. Retain a copy of the filed complaint.
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Provide your spouse with a copy of the complaint that you have filed. You should do this by sending the copy via certified mail with signature confirmation, provided you know your spouse's address. If you do not, you will need to find another acceptable way to give your spouse notice of filing--process servers, service by proxy, and notice by publication are examples of other ways to give notice.
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Be prepared for your spouse to contest the divorce. If the other spouse does not want to sign the papers in the first place, there is a good chance he may try to contest either the facts outlined in your complaint or the very divorce itself. There is such a thing as a "non-contestable" divorce. You will need to research your state divorce laws for more information on the rules and restrictions.
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