How To Divorce Without Spouse Agreement | Santa Clarita
I had just prepare the below video and had uploaded it to YouTube when I received a call asking the exact same question I has just answered on video. The question, or should I say it was more of a statement was ” My spouse said she is not going to fill anything out and won’t give me a divorce”.
Watch the below video for how you can handle this type of divorce scenario.
As stated in the video, the Court’s have a process where you can get through the divorce process even if your spouse is not going to cooperate or participate in the divorce. There is nothing that your spouse can do to prevent you from getting a divorce and you don’t need their agreement either.
The Courts have a process known as a default. The default means that the other party did not prepare a response in the allotted time and you are moving forward with the divorce case. There are certain forms you need to prepare when filing a default judgement which vary slightly from other types of divorce judgments.
What you should take from this is that whether or not your spouse want’s to “give” you a divorce is not up to them. It only takes one to file for divorce.
Default judgments happen often and are sometimes used intentionally to save on the costs of filing a Response to the divorce. For instance you can file a Hybrid Divorce Judgment wherein on party does not respond, but you can still enter into an agreement.
How you proceed in your divorce will ultimately depend upon what the other party does.
For more information about the divorce process or to learn more about our affordable divorce document preparation service, please give us a call.