You would need to convert it to a dissolution. If you want a divorce, why not just file for one in the first place? He doesn't have to sign anything if he doesn't want to. Perhaps consult an attorney in private regarding your options.
Mark L. AlexanderDivorce / Separation LawyerSeattle, WA ·
1. You can't "serve" your husband with legal separation papers, but you could hire a process server, pay the sheriff's dept. to serve him, or invite him to sign an Acceptance of Service form. You could also have another adult serve him with the papers; if so, be sure to have that person fill out and file the Return of Service form in the legal separation case.
2. He doesn't have to sign anything saying he received the papers; the Acceptance of Service option just avoids the unpleasantness and cost of having him served at a potentially embarrassing place and time. Neither does he have to sign the Joinder to the Petition, nor the final orders you might have proposed.
3. When he has been legally served (he has not been yet, from what you describe), his nonaction will not make the legal separation turn into a dissolution action. It will simply proceed as a legal separation action (or a dissolution, if he requests one from the court) until the final orders are entered. After at least six months pass after entry of the legal separation decree, either party could convert it to a dissolution by filing a motion and giving the other side notice of the motion and its scheduled hearing.