CanI get divorced even if my husband won’t agree?

I don’t want alimony, property, or anything – just a divorce. I left him 4 years ago.

Asked on December 10, 2010 under Family Law, Pennsylvania


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes you can still get s divorce even if your husband won't agree.  This is actually a common situation. If he doesn't want to sign the papers he doesn't have to; the fact is that you can still get the divorce.  What you will need to do is to serve a divorce complaint on him.  Once he is served, he'll have a period of time in which to "answer" the complaint.  If he fails to file his answer within the specified time (it varies from state-to-state), you can proceed with a "default divorce".  Basically, this is a divorce that is granted in the absence of one of the parties. And typically, it is granted on the terms requested by the petitioner.   

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