Question: Can you get a divorce if the other party wont sign the divorce papers? And what are the grounds for common law marriage if the other person is married?

The Judge’s Answer: You can divorce if the other person won’t sign the marital settlement agreement. You and your ex can’t agree on the terms for divorce, the court will have a trial, divide the marital property and debt, and ultimately grant the divorce. The grounds for divorce are adultery, cruel treatment, abandonment, felony conviction, living apart for 3 years, mental illness. You may also get a divorce if “the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.” If one party is married, he or she cannot form a common law marriage with a third party.