Legal Question in Family Law in Washington
Separation/Divorce Signature?
My wife and I have been married for 1 and a half years but haven't lived together for almost a year but she still refuses to sign any divorce paperwork. Do I need her signature on Legal Separation paperwork? Also, if I file for Legal Separation than how long does that last before I don't need her signature on Divorce Papers? Also, what are my options if she still won't sign any Divorce Paperwork.
2 Answers from Attorneys
Re: Separation/Divorce Signature?
If you have already filed the petition for dissolution/legal seperation, and she has failed to respond to it all you need to do is to ask the court to enter the final order by default. You'll need to have proof that you did correctly serve the properly filed petition upon her. If you haven't yet filed the petition, you don't need to wait for her to sign off on it, you should just file it and serve it together with the summons. If she fails to respond then you should move for a default order.
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Re: Separation/Divorce Signature?
Your wife does not need to sign the petition for either a legal separation or a dissolution (divorce). If she does not file a response within the time required, you can enter the final orders by default.
Also, you do not need to start the action as a legal separation. If your overall goal is a dissolution, you can start the action as a dissolution.