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Can I obtain a divorce without her signature?

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DZC

Guest
I need help in the worst way. I have been separated for well over two years, and I can't seem to get the divorce going. Everytime I attempt to file, my wife comes up with a new excuse not to sign the papers. I am stationed in the state of Washington, and she lives in Colorado with our daughter. I have been told that, because the child has never been in Washington, there is nothing I can do unless my wife signs a joinder and agrees to the divorce.

I am in the Army and it is very convenient for her to stay married to me even though we are apart. She recieves over $400 per month and is covered under my medical insurance. There has to be something I can do. The army attornies (JAG) will not help me. I am ready to move on and remarry. Is there any hope for me in this matter?
 


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dorenephilpot

Guest
She doesn't have to agree to divorce you -- but you can divorce her anyway.

The problem is that you have filed in a state that apparently doesn't have jurisdiction (or power) over her.

So, if she doesn't sign, in essence agreeing to the foreign court's jurisdiction, then you will not be divorced. In other words, the court won't grant a divorce when it doesn't have jurisdiction over her and also doesn't have her signature.

How to fix this problem? Dismiss the action that you have filed in Washington. Then file a petition for dissolution in HER state, the one that does have jurisdiction over her.

Then she doesn't have to sign anything. The court can divorce the two of you without her "permission" or without her even being there, as long as you comply with that state's notice statutes.

If you're serious about wanting to get this done and over with, get an attorney involved.

Hope this helps.
 

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