Can I proceed with my divorce without my spouse?

UPDATED: May 22, 2009

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Can I proceed with my divorce without my spouse?

I had my wife was served with divorce papers through a notary service(we the people)that deals with uncontested divorces.But I need certain work info from her to continue with the process.But she’s being difficult about it.She also needs to sign some forms to.She won’t cooperate.Is there anyway I can just proceed with the divorce without her?I just want this over with.Please help Thanks.

Asked on May 22, 2009 under Family Law, California


J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I assume you have an attorney handling this matter for you. If not you will probably be best served with hiring one if the proceedings are going to be made difficult by your wife

She has to respond and if she is failing to cooperate than contact your attorney to put pressure on her. What this means is that a divorce requires both parties to be involved whether voluntarily or begrudgingly. Although one party may be less than cooperative they have no choice. If she was properly served than the proceedings have begun

At this point the court will usually assign dates for certain events, i.e. conferences, etc. Your attorney should be able to get the answer they need by serving your wife with discovery. Your wife has no choice bu to answer of she can be in contempt of the court

although some divorces do not require attorneys because both parties are in agreement your situation does not sound as if this is one of those instances and you should hire an attorney if you haven't done so already

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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