Can he divorce me even if I refuse to sign divorce papers?
Yes, the Petitioner will have to have you served with a Petition for Dissolution of Marriage, and depending on your circumstances, it may be with or without children and/or property and if you do not answer, then he will get a default against you. When you say you will not sign divorce papers, all that means is that you are not signing a marital settlement agreement, but if he obtains service on you and you either answer or not, then the court will have acquired jurisdiction over the marriage and the court can dissolve your marriage, assuming the other requirements are met. If you do not want to sign a marital settlement agreement, then you do not have to, but you should get a consultation with a family law attorney in your area as to what your rights to spousal support and equitable distribution.
Mr. Hoffman's response not only is correct but well explained. A divorce can be obtained without "consent" by the other spouse. If the spouse does not consent, a judge can still issue a divorce decree. Consult with an attorney to have an in-depth review of the facts and circumstances. Many attorneys do not charge for an initial consultation. You can locate attorneys using the Find a Lawyer tab at the top of the page.
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