Can a spouse file for divorce without the other spouse knowing?

Can a spouse file for divorce without the other spouse knowing?

The answer is no, you cannot file without him getting notice and yes, you can divorce him without his consent. Without some type of service, the divorce will not go forward. So, as I said above, the answer is no, you cannot file for divorce without your husband knowing.

Can I hand my spouse divorce papers?

Many spouses wonder if they can just hand their spouses the divorce paperwork. In most states, the answer is no, you may not deliver your own divorce papers. Typically, you’ll need to ask a third person—someone not involved in the divorce case—to serve your spouse.

What happens if my husband doesn’t respond to divorce papers?

When one spouse in California files a petition for divorce, the other spouse must be formally served with papers. When a spouse doesn’t respond to a divorce petition, the person who failed to file the answer to the court will lose his or her rights to make arguments about property division, support, and child custody.

Can you decline divorce?

Refusal to Sign the Divorce Papers If your spouse refuses to sign the divorce papers, you can file for a contested divorce. If your spouse doesn’t respond or show up in court, the court can grant a default divorce, meaning that by default, you are given the divorce you want and the terms you asked for in your filing.

Should I put my spouse on the mortgage?

Of course, there’s no rule that says you have to apply for a mortgage with your spouse. In fact, leaving one person’s name off the mortgage might be more sensible. You might have an excellent credit score and the ability to qualify for the most favorable interest rate.

Can you add a spouse to a mortgage without refinancing?

Adding a co-borrower to a mortgage loan isn’t as simple as calling your mortgage company and making a request, and you can’t add a co-borrower without refinancing the mortgage. The changes can include the interest rate, the pay-off date, the monthly payment and the names on the mortgage.