Can i file a divorce without the defendant signing the papers in Alabama?

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Can i file a divorce without the defendant signing the papers in Alabama?

My current husband and I wed on November 9, 2010. we separated for good on may 23, 2011. I am wanting a divorce from him but he will not sign the papers. We both have moved on and I am in a current relationship of three years and so is he, however he and his girlfriend now have a child together. I am wanting to move on with my life and have a future with my current boyfriend and cant do so because of still legally being married. My current husband flip flops on signing the divorce papers, one day he calls and wants it, then when it comes down to signing he changes his mind. What can i do to get out of this marriage once and for all? HELP

Asked on March 22, 2017 under Family Law, Alabama

Answers:

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

Answered 4 years ago | Contributor

Often times the non-filing spouse (i.e. the "respondent") will avoid service of the divorce papers or receive them but not sign them under the misconception that by doing so, the filing spouse (i.e. the "petitioner") cannot move continue with the divorce. This, however, is still not the case. The court has the discretion to allow the petitioner to move forward with the proceedings. In a case such as yours, since it appears that your husband has already been serverd the divorce papers but won't sign them, he has been served. Accordingly, if he fails to respond within the time period specified in them, then you can proceed with the divorce without his input. Typically, a divorce by "default" will be granted and on the terms that you ask for. That having been said, since all of the details of your case are not completely clear to me, you should consult directly with a local divorce attorney who can best advise you further.


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