If you are unhappy in your marriage, you may make the difficult decision to file for divorce. However, in the event you cannot locate your spouse or they refuse to sign the papers, you may wonder if you can still obtain a divorce without their signature. It’s important that you understand your legal rights and options, so you’ll want to continue reading and work with a Montgomery County divorce lawyer to learn how you can end your marriage without your spouse’s signature.
Can I Get a Divorce in Pennsylvania If My Spouse Won’t Sign?
Yes, you can obtain a divorce with or without your spouse’s signature or consent, given that certain circumstances apply. It is important to note, however, that according to PA state law, you cannot attempt to hide your intent to get divorced and must inform them by serving them a copy of the divorce complaint.
In Pennsylvania, you can get a divorce without your spouse’s signature by filing a no-fault divorce or a divorce by publication.
The Different Types of Divorce Available in Pennsylvania
Fault vs. No-Fault
Pennsylvania is a hybrid divorce state, which means that spouses can file either fault-based or no-fault divorces.
In a fault-based divorce, the filing spouse states that the reason the marriage is not working is because of the other spouse’s actions. The filing spouse will have to provide evidence to the court as to what the fault-based grounds are.
In a no-fault divorce, however, the filing spouse only needs to state that there has been an irretrievable breakdown of the marriage due to irreconcilable differences. You can also file a mutual consent divorce. In the event that your spouse cannot be located or refuses to sign the divorce papers, a no-fault divorce is generally the best option to proceed.
No-Fault Under 23 Pa.C.S § 3301
As mentioned, 23 Pa.C.S § 3301 allows for two different types of no-fault divorces. If you and your spouse are in mutual agreement that you would like to divorce, you can simply sign the petition after 90 days have elapsed.
The other no-fault option is to file on the grounds of an irrevocable breakdown of the marriage. If this is the case, you must show that you and your spouse have lived separately for at least one year prior to filing. As such, if your spouse refuses to sign the papers, this is the ideal route to take, so long as you meet the separation and notice requirements.
Your Spouse Won’t Sign the Divorce Papers
Unfortunately, there are a number of reasons that a spouse may refuse to sign divorce papers. They may disagree with your decision to file, or hope that their non-cooperation will make you change your mind. In some instances, a spouse may refuse to sign as a means of making the life of the filing spouse more difficult. Regardless, it’s important to understand that you can still obtain a divorce without your spouse’s consent.
How To File a No-Fault Divorce When a Spouse Won’t Consent
When your spouse will not cooperate, you may do the following:
- File a complaint in the county where you live
- Serve your spouse with the divorce complaint and required notices
- Your spouse will have 20 days to respond to the petition
- If your spouse fails to respond, you may petition the court to proceed with a default divorce
If the court grants your default divorce request, your spouse may lose the ability to contest the divorce, and the court can proceed with the case. It’s important to understand that this procedure can vary by county, which is why working with a Montgomery County divorce attorney is in your best interest.
Legal Options When a Spouse Cannot Be Located
Depending on the circumstances of your relationship, you may have been living apart for a long time and lost track of each other, or your spouse could have abandoned you with no indication of where they were going. If you cannot locate your spouse, then it is impossible to serve them with divorce papers. As such, you may be able to proceed with a divorce by publication. However, you’ll need to make a reasonable effort to locate your spouse before you can file for this option.
Doing Your Due Diligence
Before you can proceed with a divorce by publication, you’ll need to do due diligence to locate your spouse. Without proof that you tried to find them, the court will not grant you permission to pursue this option, in accordance with Pa. Code Rule 430. As such, you should:
- Contact your spouse’s relative
- Contact your spouse’s friends
- Contact your spouse’s last known employer
- Search online (social media, email, text)
- Examine directories, like telephone books, voter records, and motor vehicle records
- Inquire with the postal authorities in accordance with the Freedom of Information Act, 39 C.F.R. Part 265
What Is a Divorce By Publication?
If you can show the court that you have made a reasonable effort to find your spouse, but you are still unable to locate them, the court may grant service by publication. Essentially, this means you will file a legal notice in a publication in the area of your spouse’s last known address. You must publish this notice once a week for three consecutive weeks, or as long as the court orders.
In the event your spouse does not respond despite taking the necessary steps, the court can proceed and grant you a divorce without the participation of your spouse.
Speak With a Montgomery County Divorce Attorney Today
Filing for divorce is incredibly emotional and stressful in Montgomery County, which is why navigating this process when your spouse will not or cannot sign the legal documents can be incredibly overwhelming. As such, it is imperative to work with the team at Cohen & Patel Law Firm to discuss your legal options. Filing for divorce without the cooperation or presence of your spouse is a complicated matter, which is why we are ready to assist you. If this represents your circumstances, contact us today to learn how we can represent you.
