Do Both Spouses Have to File for Divorce in California?

When it comes to the divorce process in California, a common question arises: do both spouses need to file for divorce? The answer may surprise you—only one spouse is required to initiate the process. This blog post will explore the intricacies of filing for divorce, what happens if your spouse doesn’t respond, and how to navigate the process smoothly.

Understanding the Filing Process

The spouse who files for divorce is referred to as the petitioner, while the other spouse is known as the respondent. The process officially begins when the petitioner submits a divorce petition to the court. This petition is crucial as it sets everything into motion by assigning a case number to the divorce.

Steps to Initiate Divorce

Once the petition is filed, the next step is to serve the respondent with the divorce papers. This can be done in one of two ways:

• A third party over the age of 18 can personally deliver the papers.
• The papers can be sent through the mail, but this requires a signed acknowledgment of receipt from the respondent.

Serving the papers is an essential step because it marks the official beginning of the divorce proceedings. After the respondent is served, a mandatory six-month waiting period starts, even if both spouses agree on the terms of the divorce. This waiting period is designed to give both parties time to consider their options and finalize any agreements.

What If the Respondent Doesn’t Respond?

A common concern is what happens if the respondent does not respond to the divorce papers. The good news is that if the respondent chooses not to respond, the petitioner can still proceed with the divorce. In this case, the petitioner can request a default judgment to finalize the divorce.

The Default Judgment Process

Requesting a default judgment is a straightforward process. Here’s how it works:

• The petitioner must wait 30 days after serving the divorce papers. This waiting period allows the respondent time to file a response if they choose to do so.
• If the respondent does not file a response within that timeframe, the petitioner can proceed to file for a default judgment.

A default judgment allows the petitioner to finalize the divorce without the respondent’s participation. However, it’s crucial to ensure that all legal requirements are met during this process.

Expediting the Divorce Process

If both spouses agree on the terms of the divorce, they can create a marital settlement agreement. This agreement simplifies the divorce process significantly. Here’s why:

• It outlines how assets and debts will be divided, making it easier for the court to finalize the divorce.
• It can expedite the process, reducing the time and stress involved.

Having a clear agreement in place can prevent misunderstandings and disputes, which can prolong the divorce process.

Real Client Story

To illustrate how the process works, let’s look at a real client story. A client initially believed that their spouse had to sign off on the divorce for it to proceed. When their spouse ignored the paperwork, the client was unsure of how to move forward. However, we filed for a default judgment, and the divorce was finalized without the spouse’s participation. This case highlights the importance of understanding that only one spouse needs to file for divorce in California.

Why Choose Divorce661.com?

When navigating the divorce process, it’s essential to have the right support. Here’s why you should consider Divorce661.com:

• All Paperwork & Filings Handled: We take care of all the necessary paperwork to ensure there are no mistakes or delays.
• Flat-Fee Pricing: Our pricing structure means no expensive lawyer fees.
• 100% Remote Divorce: You won’t need to visit a court—everything can be handled online.
• Support Throughout the Process: We help you navigate the divorce process smoothly and quickly.

How to Get Started

If you’re considering filing for divorce or need assistance with the process, contact Divorce661.com today for a free consultation. We’re here to help you through every step of the way.

Conclusion

In summary, only one spouse needs to file for divorce in California, and if the respondent does not respond, the petitioner can still proceed with the divorce. Understanding the filing process, the implications of a default judgment, and the benefits of a marital settlement agreement can significantly ease the stress of divorce. If you have any questions or need assistance, don’t hesitate to reach out. We’re here to help!

For more information, visit Divorce661 or call us directly at 661-281-0660.