We get asked by clients what happens when one spouse does not the divorce. What they are asking is, “Can my spouse stop the divorce?” In California divorce there is no requirement that the parties agree to actually get a divorce. Meaning, when one party files for divorce, there is no way to file a Response saying you don’t want the divorce as the other party.
(By the way, we provide a full service divorce solution throughout California. If you are looking to get a divorce and would like assistance, please give us a call for a free phone consultation at 661-281-0266. We have a full service and self-help service.)
So what if your spouse does not want to get divorced? You would still file for divorce and have them served. Then you would have to wait 30 days to see if they Respond. The reason for doing this is because in California, there is a process called a “default”. A default is what happens when the other party has not responded to the divorce and 30 days has gone by.
The default process allows you to finalize the divorce process without the cooperation of the other party.
Now, I will tell you this. It is much easier to complete the divorce process by agreement. Even if you are the party that does not want the divorce, everything will go smoother if you both agree. If the two of you agree, you will not only be able to make decisions in both of your best interests, but you will also, in most cases, avoid having to go to court.