You may not need his signature, but you will need to properly serve him with the Divorce Complaint.
The quickest way to get a divorce would be with his cooperation, which would require his signature on at least one document. Even if you did that, the divorce would take 30-60 days.
If you can't get his signature, you need to add about 45-60 days to that time period.
You should meet as soon as possible with a very experienced lawyer who focuses his/her practice on New Jersey Divorce and Family Law matters, to make sure that your matter is handled as well and as efficiently as possible.
You should go over your situation in detail, get educated answers to your questions, and obtain expert guidance as to the best course of action. In my opinion, it will be well worth the cost of the meeting.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
You always have to prove "legal service" of the complaint for divorce. It can be done but how depends on information we do not have. Contact an attorney, at least for a consultation for advice.
973-984-0800. Please be advised my answers to questions does not constitute legal advice and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
Even though your husband lives out of state, you must serve him with a Complaint for Divorce and provide the Court with proof that he was served. If he does not file an Answer within 35 days, you can proceed with a default divorce. In the alternative, if you have communication with your Husband, the two of you can sign a Marital Settlement Agreement finalizing the terms of your divorce and upon the filing of Complaint for Divorce with the requisite proof of service, the Court will proceed with an uncontested divorce. See the attached article regarding uncontested divorces in NJ: http://www.weinbergerlawgroup.com/divorce-legal-separation/divorce/uncontested-divorce.aspx
The information provided is not, nor is it intended to be, legal advice. This information is designed for general information only. You should consult an attorney for advice regarding your specific situation. We invite you to contact us and welcome your calls, letters and emails. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
You do not need the consent or signature of your husband to file for divorce but it is required that he be properly served with a copy of the summons and complaint and that proof of the service be filed with the court.