What happens if your spouse does not agree to getting divorce and they say they won’t give you a divorce?
Well in California, the short answer is that is just does not matter if your spouse does not agree to give you a divorce. That’s right, you can complete the California divorce without any participation from your spouse.
In Fact the California Courts say that in California, it is not necessary for both spouses to agree to the divorce. Either spouse can decide to end their marriage. It is not necessary that the other spouse agree to give you a divorce.
If your spouse does not want to give you a divorce, there is nothing they can do to stop you by refusing to participate in the divorce case. The other spouse does not have to sign anything that says they agree to the divorce.
If your spouse does not participate in the divorce case, you will still be able to get a default judgment and the divorce will still go through.
There are few reasons why one would proceed via a default judgment. One reasons would be that the other spouse just does not care to participate. In this case the filing party could simply proceed without the other spouse using the default judgment. Another reason would be if your spouse is not opposed to getting divorced and is in agreement. Sometimes there are benefits to not participating in the divorce through the default judgment such as costs.
You see, if your spouse was to respond, they would also have to pay a filing fee. If you both agree to the terms of the divorce, there may be no reason for the other party to enter the case.
This can be achieved by other means as well. The Hybrid Judgment is another way for the parties to get divorced without having to file a response.
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