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If both parties will not sign the divorce papers then the court will deciede. Depends what state you are in. Indiana is a no fault state meaning if you want to divorce you will be allowed to regardless if the other party wants to or not.

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15y ago
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9y ago

The short answer is no, both parties do not have to sign divorce papers for the divorce to be legal. Every person has a right to divorce and your spouse cannot prevent you from exercising your right. As a matter of fact, you can get a divorce without the consent of your spouse in all 50 states.

Your best option is to file for a "no-fault" divorce. Filing a "no-fault" divorce will prevent your spouse from being able to contest any allegations based on a specified "fault" for the divorce. Not every state has fault based divorce options, but the good news is a "no-fault" divorce is available in all 50 states.

In many states, the courts have provided a divorce option that not only allows you to divorce without the consent or signature of your spouse, but do not even require your spouse to appear in court for the final judgment. Please check the specific laws of your state for further information.

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15y ago

No, the petitioner spouse can receive a divorce under the state's default laws.

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13y ago

It is not required that both parties sign the divorce papers in NY or any other state. The judge has the power to grant the divorce.

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12y ago

If you're in the US, no, both signatures are not required, although it's generally easier/quicker if you have both signatures.

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Q: If a divorce is filed do both parties have to sign the divorce papers when the two people have children if one wants the divorce and the other does not?
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Related questions

How long do I have to wait to see other people after I file for divorce in Louisiana?

You can see people the day you file your divorce papers in Lousiana.


Where does one get divorce papers?

I don't know. But, if you want a simple divorce and have no children, get in touch with a Paralegal. He can draw up the paperwork and tell you where and when to file for one flat fee. The Paralegal can not give you any legal advice, for that you will have to contact a reputable Divorce Attourney.


How Can you get a divorce in the state of Kentucky if your husband lives out of state and refuses to sign divorce papers and says he will never sign the papers?

Answer What I know about divorce papers is that they require two signatures, one from you the other from your husband, and if he doesn't sign the divorce papers, it doesn't matter he is no longer in the State where you live, if he doesn't sign the papers you can't get your divorce. There is also common law marriages where two people can live together for as long as they want and divorced or not, you can still live with another man. There's no law against it.


When you serve someone there papers for divorce do they have to take the paper into the court?

after both of the people sign the papers you MUST take it to the courts and get them official


Can 1 lawyer represent 2 people in a divorce?

No. There would be a conflict of interest even if the divorce is amicable. In that case the parties should use a mediator.No. There would be a conflict of interest even if the divorce is amicable. In that case the parties should use a mediator.No. There would be a conflict of interest even if the divorce is amicable. In that case the parties should use a mediator.No. There would be a conflict of interest even if the divorce is amicable. In that case the parties should use a mediator.


Why do children like to have parties?

Some people like to have family parties to gather the young and older people together as family on a general basis is a wonderful part of people's lives and it is a reminder by having these parties to love and cherish each one in that family and realize how lucky one is to have a family as many people do not.


Can you date after your divorce papers have been filed in Florida?

No, you are not supposed to. People do it allof the time though. YOu do, however, have to tell the person you are dating that you are married until the divorce is final.


If you married in Hawaii and reside in Texas where do you file for a divorce?

A divorce can be granted under New York laws when: 1. The parties were married in New York and either party has been a New York resident, at the time the divorce papers are filed, for at least one year immediately before filing the divorce papers, or 2. The parties have resided in New York as husband and wife and either party has been a New York resident, at the time the divorce papers are filed, for at least one year immediately before filing the divorce papers, or 3. The cause occurred in New York and either party has been a New York resident, at the time the divorce papers are filed, for at least one year immediately before filing the divorce papers, or 4. The grounds for divorce occurred in New York, and both parties are New York residents at the time the divorce papers are filed, or 5. Either party has been a resident of New York for a continuous period of at least two years immediately before filing the divorce papers. Section 230 of the New York Statutes.


How can your girlfriend find out if she is divorced?

People get married and divorced in different states so she has to know where the papers for the divorce were filed. Then she can go to the recordings office in the court house and see if papers have been filed. If she filed for divorce then she would have had to appear before a judge and have been issued a dissolution of marriage. If her ex filed he would have had to notify her of a proceeding, whether she chose to show up doesnt matter because a judge can grant a divorce that has been petitioned with out the party there. She should bring her marriage certificate if she has it, they may be able to crossreference the number of that with a divorce decree. Divorce records are public information and are filed in the state's vital records department in the state and county where the divorce was granted. Information can be found using only the names of the divorcing parties, but it is much simpler if the date the petition was filed, the county in which it was filed and so forth is available. FYI, it is not necessary for both parties to be present for a divorce to be granted. If the person served does not respond with agreement or contestation, the filing spouse can receive the divorce under the default laws of the state.


If a Mexican divorce is not recognized in the state of California can the divorced parties marry other people and their new marriages be legal?

no it can not be done


Why do you need to bring divorce papers to get remarried?

It is simply a legal matter since you cannot be married to two people at the same time.


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