CanI get a divorce from my spouse without his signature?

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CanI get a divorce from my spouse without his signature?

I’m trying to get a divorce from my ex and have been unable to get a hold of him in anyway to even be able to send him anything to sign. We were only together 5 months after getting married. I have been trying now for a little over a year to file for a divorce but can’t afford the court fees and have no way for him to get them so I haven’t filed because I don’t want to run out of time to serve him with no knowledge of how to.

Asked on January 31, 2012 under Family Law, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Do not panic.  The law does not require that you stay tied to someone the rest of your life just because you can not locate them to serve them with divorce papers. The law does, however, require that you make a diligent effort to locate them and prepare an affdavit as to same when requesting that the court alow you to serve them by "substituted service" - usually publishing the matter in a news paper.  You need help here. Try legal aid or a women's sevrices organization.  Good luck.


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