How to Deal with a Spouse Who Refuses to Sign Divorce Papers in California
If your spouse is refusing to sign divorce papers, you do not have to wait for their permission to end your marriage. California is a no fault divorce state, which means the court can grant a divorce without your spouse’s cooperation—so long as you follow the correct legal steps.
Why your spouse’s signature is not required
California no fault divorce laws allow either spouse to file for divorce without proving wrongdoing by the other spouse. This removes one common roadblock: you do not need the other person to agree or to sign paperwork for the process to proceed. In plain terms, you can still move forward even if your spouse ignores the case.
“You don’t need your spouse’s consent to get a divorce.”
Overview: The process when a spouse refuses to cooperate
When a spouse refuses to sign or respond, the typical path is:
- File the divorce petition with the court.
- Properly serve the spouse with the divorce papers.
- Wait the mandatory 30-day response period after service.
- If there is no response, request a default judgment and submit required paperwork to the court.
- The court can then enter the judgment and finalize the divorce.
Step 1: Filing the petition
Start by filing the summons and petition for dissolution with the superior court in the county where you or your spouse lives. The documents set out basic information about the marriage, assets, debts, children, and the relief you are requesting.
Step 2: Serving the divorce papers
Serving the other spouse correctly is a crucial legal step. If service is not completed properly, the court may not have jurisdiction and your case can be delayed. Common methods include personal service by a third party or substituted service when personal service is not possible. The server will complete a proof of service form, which you must file with the court.
Step 3: The 30-day response period
After being served, the spouse has 30 days to file a response with the court. If they file a response, the case proceeds with negotiations, disclosures, or trial if necessary. If they choose to remain silent and do not respond within the 30-day period, you can pursue a default judgment.
Step 4: Requesting a default judgment
A default judgment allows the court to finalize the divorce without the other spouse’s participation, provided all required documents and forms are submitted and service was proper. You will submit a request for default along with a proposed judgment and any necessary attachments about property division, support, and custody if applicable.
Real client example
We helped a client whose spouse completely ignored the divorce. We filed and served the paperwork, waited the mandatory 30-day period, filed for default, and submitted the judgment documents. The court granted the divorce without any cooperation from the other spouse, allowing our client to move on and start the next chapter of life.
How professional help can make this easier
Handling service, deadlines, and default paperwork correctly can be tricky. Common pitfalls include defects in service, missing forms, and incomplete financial disclosures. Working with someone experienced can reduce delays and increase the likelihood the court accepts your default request on the first try.
- Service management to ensure proof of service is correct.
- Deadline tracking so the 30-day window and subsequent filings are handled on time.
- Filing default and judgment paperwork accurately to avoid rejections or continuances.
- Guidance on property, support, and custody so your proposed judgment is clear and complete.
Common questions
How long does the default process take?
Timelines vary by county and court workload. After the 30-day response window, preparing and submitting default paperwork and waiting for the court to finalize the judgment can take weeks to months. Proper paperwork and local court knowledge speed this up.
Can a spouse undo a default later?
In some cases a spouse may ask the court to set aside a default if they can show good cause, such as not being properly served. Accurate proof of service and following procedures carefully makes a default more durable.
Take control and move forward
If your spouse is refusing to sign or respond, you still have options. By filing, ensuring proper service, observing the 30-day response period, and requesting a default judgment if needed, you can finalize your divorce without the other party’s cooperation.
Ready to take the next step? Visit divorce661.com for a free consultation and help navigating service, deadlines, and default paperwork. You do not need your spouse’s cooperation to get closure and start your next chapter.