You will file the divorce individually. So your husband would not sign the actual Complaint for Dissolution of Marriage. After your case is filed, you have two ways to go: 1) You and your husband can sign off on a divorce decree or 2) if he does not respond, you can have a default hearing and if your decree follows the law, then the judge will sign off on it.
Since you have already had a Legal Separation Decree, you probably want an attorney to help you through the process, because it may be a situation where the Separation Decree would be used in your divorce case.
This should not be considered legal advice, but rather simple information. You should consult a lawyer to review your unique situation. No client-lawyer relationship exists until you sign something indicating there is.
Your soon to be ex does not have to sign off. You need to have him served and then he can respond if he wants to. Call me I would be happy to help.
You have the option of asking that he voluntarily appear, but if he would not be willing to do that then you would file for divorce and have him served.
I am a licensed attorney in the state of Nebraska. However, the advice I give here is not to be taken as legal advice. It is merely my opinion based on the limited information given. In order to assure that your legal rights are being properly represented I would always recommend going in for a consultation with an attorney to explain your case in detail and answer any questions the attorney might have.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.