I am in California and will be filing for a divorce. My ex is out here visiting, and I wanted to know if she could sign the papers before I file, or do I have to wait?
1 Answer from Attorneys
The only papers that the other spouse has to sign in a dissolution proceeding is when the parties qualify for and are filing a Joint Petition for Summary Dissolution. I am not sure if that is what you are talking about, and if you are interested, I suggest you read the information at the following link: http://www.courts.ca.gov/selfhelp-summarydissolution.htm
If you do not qualify for, or are not proceeding by way of summary dissolution for some other reason, then there is no need for the other spouse to sign any type of papers, unless that document is part of either a settlement or an uncontested divorce. You will have to have that spouse properly served, and there may be jurisdictional and possible residency issues, but for those issues I do advise that you at least get a consultation with a competent family law attorney.