Legal Question in Family Law in Massachusetts
Contested Divorce
I have been separated from my husband for 1 year. We both live in Massachusetts. We have 2 children and temporary orders for joint custody. My husband refuses to sign divorce papers. Is it possible to get a divorce without his signature? We don't own a house, we have 1 car that I'd gladly give to him, no money in the bank to divide. I do have a 408k retirement plan that i'd gladly give half of to him as well. I just want this marriage over.
4 Answers from Attorneys
Re: Contested Divorce
Absolutely. You do not need the consent of the other spouse in order to obtain a divorce.
The fact that your other spouse will not join willingly in your Petition for Divorce means that it is "contested", but he cannot prevent the divorce from taking place.
Re: Contested Divorce
You do not need his consent though it would be preferable to proceed uncontested.
Retain an attorney to present your Complaint for Divorce to the court whether contested or uncontested. Good Luck!
Re: Contested Divorce
You can simply proceed with a contested divorce and have him served with divorce papers. In Massachusetts, you don't need the consent of both parties in order for there to be a divorce.
For an overview of the divorce process here in Massachusetts, you can watch this short video: http://www.youtube.com/watch?v=qM0jUqVQD7I
Re: Contested Divorce
You can file for divorce and get child support. I would suggest you get an attorney. There is no reason for this to go on indefinitely.
If you have more questions, please feel free to contact me.
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