My husband and I both want a divorce. We have agreed on all the terms as we have been separated for 7 years. He is currently out of the state traveling and does not have a regular address. My question is, if we both agree to everything and we both sign the papers, can I file the papers without him being served and present at the hearing. I was thinking I may could email him a copy and let him print and sign it. Then he could mail it to me and I could sign it and file it. Is that possible?
He still needs to be served with the complaint in a manner accepted by the court. He could file an answer that says he agrees with the complaint, and doesn’t object to the divorce. Please keep in mind a final divorce will cut off your rights to alimony or equitable distribution.