Submitted by Anonymous on Mon, 09/07/2009 - 15:34
I know this sounds like a weird question, but if I file for divorce and my husband refuses to sign any documents because he doesn't want a divorce, can I still get one?
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Editor's Response
Sure. You do not need the permission of your husband (or wife) to get a divorce in Massachusetts. Once you file the paperwork at court and serve your husband with the complaint for divorce (sometimes this task can be a challenge), the process will move along. This answer assumes you are filing for a no fault divorce. With a fault divorce (very rare nowadays), your husband could show up and dispute your grounds (e.g., adultery) and attempt to thwart the divorce in that way.
Because your husband is refusing to cooperate, your divorce will be more expensive and take more time, but in the end you will get divorced. If, before or after the divorce is finalized, a situation arises where the court requires the presence of your uncooperative spouse and he refuses to attend, the judge has tools at her disposal to 'encourage' him to appear. For more information or to post a question, visit our Massachusetts Divorce Discussion Forum. Good luck.