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Filing for Divorce Without My Spouse's Consent

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  • 09-13-2010, 12:53 PM
    AndreaCa
    Filing for Divorce Without My Spouse's Consent
    My question involves a Divorce in the state of:California

    Dear Sir / Madam,
    I live in Orange county, California. I am a married man, and wants to file a divorce, I have two kids one is 20 and the other is 19 years old. And we all live together in California since many years.
    My wife is refusing to come with me and file for divorce, and she recently traveled out of USA for a visit.
    My question, is that can I file for a divorce and finish everything even if she is refusing, and even if she is out of USA?
    Please I appreciate your kind reply, I have been suffering from this for almost 7 years.
    thanks in advance.
    Best regards.
  • 09-14-2010, 08:03 AM
    LawResearcherMissy
    Re: Filing for Divorce Without My Spouse's Consent
    Quote:

    My question, is that can I file for a divorce and finish everything even if she is refusing, and even if she is out of USA?
    You don't need anyone's permission to file for divorce. You can consult an attorney without her and file the papers without her. Your attorney can send her the papers whether she is in the US or not. You will need an address for her.

    If she doesn't sign the paperwork and doesn't show up for the hearing, you may be granted a default divorce.
  • 09-19-2010, 06:03 AM
    AndreaCa
    Re: Filing for Divorce Without My Spouse's Consent
    Thank you for your reply. One more question. Can I file for divorce without an attorney ? I am thinking to go to the court and file for the divorce by myself. Will this work ?
  • 10-11-2010, 06:33 AM
    LawResearcherMissy
    Re: Filing for Divorce Without My Spouse's Consent
    Quote:

    Quoting AndreaCa
    View Post
    Thank you for your reply. One more question. Can I file for divorce without an attorney ? I am thinking to go to the court and file for the divorce by myself. Will this work ?

    Yes, you can do that, but it's much easier with the help of an attorney.
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