How To File For Divorce Without An Agreement — Los Angeles Divorce
You do not need to be in agreement with your spouse to begin a divorce. Starting the process is a procedural step: file the required documents, get a case number, and the court will open your case.
to start the divorce process you do not have to be in agreement with your spouse you just have to file a couple of documents it’s called the summons petition you get a case number issued and that’s how you begin the process
Quick overview: What actually starts a divorce
The formal beginning of a divorce is filing two core documents with the court: the Petition (sometimes called the Complaint) and the Summons. Once those are filed, the clerk issues a case number and your divorce is officially opened, even if your spouse does not agree or does not cooperate.
Step-by-step: Filing for divorce in Los Angeles (general guide)
- Prepare the formsThe primary documents are the Petition and the Summons. Additional local forms may be required depending on issues like children, spousal support, or property. California courts publish standard family law forms you can use.
- File with the courtTake your completed forms to the family law clerk at your county courthouse or use the court’s electronic filing system if available. The clerk will stamp the documents, assign a case number, and return a copy to you.
- Serve the other partyAfter filing, you must legally serve the Summons and Petition on your spouse. Service cannot be done by you personally unless certain exceptions apply. Common methods include personal service by a process server, sheriff, or another adult. Proper service is critical—without it the court may not have authority to proceed.
- File Proof of ServiceOnce the other party is served, you file a Proof of Service with the court to verify they received the papers. This document records the method and date of service and is necessary to move the case forward.
- Responding and timelinesIn California the respondent generally has 30 days to file a Response after being served. There is also a mandatory six-month waiting period from the date the respondent is served before a divorce can be finalized.
- Temporary orders and next stepsIf you need temporary arrangements for custody, support, or property usage, you can request temporary orders. The case then proceeds through negotiation, mediation, settlement, or litigation depending on whether parties reach agreements.
Understanding contested versus uncontested
Filing does not require agreement, which means many cases start as contested. A contested divorce occurs when parties disagree about issues like custody, support, or asset division. An uncontested divorce happens when parties reach written agreements on all issues and submit them to the court for approval.
What happens if the other spouse does not respond
If the respondent fails to file a Response within the allowed time, you may be able to move for a default and obtain a divorce without further participation from them. Proper service and accurate filing of proof of service remain essential to pursue default relief.
Practical tips and common pitfalls
- Keep copies of everything you file and every document you receive from the court.
- Use the correct local forms from the Los Angeles Superior Court or the California Courts self-help website to avoid delays.
- Proof of service matters. If service is improper, the case can be delayed or dismissed.
- Consider a process server or sheriff for reliable service, especially when the other party is avoiding service.
- Explore fee waivers if you cannot afford filing fees; courts offer forms to request waivers based on income.
- Learn about temporary orders early if you need immediate arrangements for children, support, or property use.
Where to get help
California offers self-help centers at family courts and extensive online resources with forms and instructions. If your situation involves significant assets, complex custody issues, or safety concerns, consult a family law attorney to protect your rights and guide you through contested proceedings.
Final note
Starting a divorce is a straightforward procedural step: file the Petition and Summons, have them served, and obtain your case number. From there, the process follows a predictable path that includes response periods, possible temporary orders, and either settlement or court resolution. You do not need your spouse’s agreement to begin.
