Answer

Hello ashsmom,

It is not necessary for your boyfriend's wife to sign any paperwork for him to get divorced.

Since she won't sign, he needs to serve her with citation. Once she is served, the burden is on her to take affirmative action. If she responds to the citation, your boyfriend simply sets a court date, notifies her, and appears in court. If she does not respond, your boyfriend simply sets a court date, does not notify her, and goes to court to take a default judgment.

All of this is fairly simple and can be done without an attorney.

To get the ball rolling, he should take several copies of his divorce petition to the district clerk and tell them he wants to issue a citation to be served on his wife. He then contacts the sheriff's department or a private process server to serve the papers on her.

I hope this answers your question. If there is anything that you do not understand, please let me know and I will be happy to explain further.

In the meantime, please click "Accept" so that I may be paid for my answer and any subsequent follow-ups with you.

Thank you,

XXX XXXXX

Expert:	The Judge
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Answered:	8/12/2008

Lawyer (JD)

Active lawyer & former judge with over 30 years experience in family law and business law.