If you’re certain you want to pursue a divorce but have concerns over whether or not your spouse or partner will actually go along with it, please know there really is no legal way for your wishes to be denied.
In this issue, the San Diego divorce attorneys with the Men’s Legal Center will explain what happens when your spouse or partner refuses to sign or respond to your divorce petition.
Can my spouse refuse to divorce in California?
No. If either of you wants to divorce, there’s legally nothing the other can do to prevent it from happening. Because California is a no-fault divorce state, a reason neither for the divorce or a signature from the other spouse or partner is required for the divorce to be granted.
What happens if my spouse or partner refuses to sign divorce papers?
Here’s how the process works out if you have a spouse or partner who will not sign.
- The divorce process is initiated once you file the petition for divorce. Your spouse or partner will then be served with the petition, which includes the official filing and a summons that contains the date for when you’re both to appear in court.
- Your spouse or partner then has 30 days to file a response.
- If your spouse or partner fails to issue a response to the petition by the end of the 30-day period, you can proceed through the process, and your divorce will be classified as being in “true default.”
In a case such as this, you are truly in the driver’s seat. After the 30-day period for a response, your spouse or partner will have no say in the matter related to the divorce, including custody, support, and division of property.
If you’re thinking of divorce, call the San Diego divorce attorneys at the Men’s Legal Center.
The San Diego family lawyers with the Men’s Legal Center have earned a reputation of trust, and can position you for the best possible outcome of your divorce. Our sole purpose is to make sure you have the resources and knowledge they need for the best possible outcome in family court.
Even if your spouse or partner refuses to sign the divorce papers, doing things on your own can have long-lasting and painful consequences, so it pays to not take any chances.
You can reach us at 619-234-3838 or via email.