Is it possible that I can get divorced without her signing any paperwork?

Aug 8, 2012 by

Question: 

I have been separated from my wife for 15 years. I’m still legally married to her. Is it possible that I can get divorced without her signing any paperwork?

State: 
New York

Answer: 

Probably not. You are required to make an attempt to serve notice of the divorce petition to your spouse. The marriage is a binding contract and both parties are entitled to knowledge of any changes to that contract. New York will require notice be served and only in the event that your spouse cannot be located or does not respond to the petition at all, would you be able to get divorced without her signature. You can obtain the details of the service of the divorce notice from your local clerk of the county court where you live. – The Divorce.com Team

Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. By submitting your question to Divorce.com, you are not creating an attorney/client relationship with Ms. Jaffe or with any of the other attorneys listed on this site.

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