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often times we are asked what if my spouse doesnt agree to the divorce can I get a divorce without my spouses signature it is not required that your spouse sign the petition for dissolution of marriage to obtain a divorce that is only true in a simplified divorce where there are no children involved the parties have signed an agreement Distributing their assets and debts and they both sign and file the petition otherwise normally the petition and initial documents will be prepared filed and served upon the other party by process server then he or she has 20 days to file an answer to the petition as well as a counter petition if that party requests anything from the marriage that is not included in the petition if the response is not timely filed then the party seeking the divorce can file for a clerk or judicial default and if Grant Ed then the case would proceed without including the non-filing spouse if the party responds then there is a procedure that must be followed to eventuall