[bkeith]

My wife & I have a separation agreement, but she will not sign and file the affidavit for divorce, what are my options, can I do this myself ?

[dynocompe]

You can get divorced in any state, without your spouse signing any papers.

You will have to post in a newspaper (any newspaper as long as its posted) that the divorce has been filed, that gives your spouse a chance to respond. If your spouse don't respond usually within 30 days then the divorce is legal. Anyone living in Illinois filing for a divorce also has to meet the 90 day residency requirement. You have to be a resident of Illinois for 90 days before filing your petion for Dissolution of Marriage in Illinois. Illinois divorce laws and court system is very bias towards men. In Illinois get a good lawyer, perferably one referred to you through the Bar Association. That referral will cost maybe $20.00, but will save you allot of money in the end. At all the court sessions request that a court reporter always be present so every statements being made are legally documented and part of the divorce file. In Illinois that makes a huge difference.

This is for all states mind you, but this information was more for state of Illinois, but that is the jist of it for any state.

[JudyKayTee]

this is for all states mind you, but this information was more for state of illinois, but that is the jist of it for any state.

I cannot address divorce in Illinois but I am not aware of any State where you can pick a newspaper and publish a legal notice. ("You will have to post in a newspaper (any newspaper as long as its posted").

The newspaper must have a certain minimum subscription rate, be recognized by the Court and, in any State I have researched, the COURT must order service by publication when all other avenues are exhausted.


What type of affidavit does your wife need to sign? Depending on the State often the filing of the Separation Agreement with the Court starts the "clock" ticking - after the time frame has expired either party can file without the consent of the other.

[NoWayNoDivorce]

In NY you can't just get what you want with one signature.

He can serve the papers on her, she goes to court and contests it. If she doesn't reply, it will be granted to him by default.

[JudyKayTee]

In NY you can't just get what you want with one signature.

He can serve the papers on her, she goes to court and contests it. If she doesnt reply, it will be granted to him by default.

In NY the separation agreement has to be ON FILE WITH THE COURT for one year before it can be used as a basis for divorce. There is no affidavit connected to a separation agreement.

I don't know if the OP is saying they came to an agreement and now she won't sign OR if he needs some sort of affidavit in order to use the filed Agreement as a basis for the divorce. If it's the latter, he is incorrect.