Spousal Consent

Arizona - Can a person get a divorce without spousal consent? I am very unhappy and my husband is controlling and I am afraid he may get violent if I try to leave him. I confronted him with the idea of divorce and he says he will not sign any papers. I just need to know if I can get out of my marriage without his signing a paper.

You can get divorced even if he refuses to sign anything. But you will have to have him served regarding your filing and any court hearings.

Yes, you can get divorced without his consent. Although, he could drag it out. In Arizona, the only grounds for divorce is "irretrievable breakdown of the marriage." If he claims that he doesn't feel the marriage is irretrievably broken (meaning it can still be saved) then the judge can (and I think in AZ usually does) order some type of mediation/counseling. But, as long as you stick to your statement that the marriage is over, in the end, the judge will sign the divorce decree.

At any rate, if you're afraid that he could become violent, you might want to consider leaving before he gets served with the divorce papers.

http://www.supreme.state.az.us/dr/Text/Divorce.htm

My disclaimer--I AM NOT AN ATTORNEY