If my husband and I are divorcing and he’s the petitioner so I’m the respondent, can I file all the paperwork or does he have to?

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If my husband and I are divorcing and he’s the petitioner so I’m the respondent, can I file all the paperwork or does he have to?

He is out of town for the next 3 months. He mailed me the divorce papers. The divorce is uncontested, no assets, no kids.

Asked on June 1, 2012 under Family Law, Washington

Answers:

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

Answered 9 years ago | Contributor

Do you mean that all the paperwork is completed and signed by him and all that has to be done is physically filed?  Generally speaking the petitioner or the petitioner's representative (like a law office) will file the paperwork to being the divorce.  The respondent does not usually do that.  I can see how waiting is an issue but there are question I have here like was the mailing the papers service upon you?  Are you filing anything consenting to service?  Are you answering the petition or waiving the right to answer?  It may be best for him to hire someone to make sure that everything is properly done.  Good luck.


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