My wife is a conditional resident, and I'd like to get a divorce from her. Because of her status she's not willing to sign the divorce papers. When the no-fault law is passed and ratified, would I still be able to get a final divorce from my wife without her signature? If she contests, would both our presence be required in court?
One cannot obtain a divorce except by a spouse signing a waiver or agreement, or by a court granting a divorce, if contested. generally, a court requires the appearance of both parties, if the matter is contested.
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It's not yet clear that a no fault law will be passed - notwithstanding the optimistic articles in the Times. But no matter whether the law is changed or not, you can get a divorce without her signature.
It will simply be a contested case, and yes, you'll both have to show up in court (or, if one of you doesn't that party will default). If you'd like to discuss your situation in detail, please feel free to get in touch.