Yes you can. You can file the petition for divorce and serve the papers to your spouse. The spouse does have the right to answer the petition by filing an answer with the court within a specified time. In the answer, the spouse may dispute certain issues and claims. A court hearing will be scheduled and you and your spouse will have to either agree on issues within your divorce (child/spousal support, child custody, property distribution, etc.) or the court will decide them for you. If the spouse fails to answer the petition within the specified time (usually 30 days), you can get a default judgment of divorce and get everything that you asked for in your petition.

Are you a lawyer?
![]() |