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I am sorry for your situation.Can I still file the affidavit of consent?
The answer is yes
, provided that the consent affidavit has the following verbiage (or something like it):
"I consent to the entry of a final decree
If so, then there is no need for him to sign the actual settlement papers (and by this, I believe you mean the final decree) since he he has already stated in his consent that he does not oppose a final decree being filed. I am assuming his affidavit of consent includes this verbiage, and as such, then it may be filed along with a copy of the proposed divorce decree even if not signed by him.
You see, this affidavit is a "waiver" that states that he waives his rights to be served, to sign, etc. So if the affidavit states that he consents for the divorce to happen without him, then technically, his signature on the divorce decree is not necessary.
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