The decision to file for divorce isn’t always a mutual one. You may have decided to initiate the divorce process, but your spouse isn’t on the same page and is refusing to comply.
What happens if your spouse refuses to sign divorce papers? Does your divorce hinge on their cooperation? Learn the answers to these questions under California divorce law.
How a Divorce Attorney in San Mateo, CA, Can Simplify Your Separation Process
Whether both spouses are in agreement about divorcing or not, the process can often be emotionally taxing and laborious. Having a committed, experienced divorce attorney in San Mateo, CA, on your side is an important step in navigating this process as smoothly as possible.
Divorce lawyers thoroughly understand the ins and outs of California’s divorce process and can provide tailored guidance through every step. They can answer any questions you may have and help you protect your rights throughout the property division, child custody, and support process. Before you take any other steps in your divorce, researching divorce attorneys in San Mateo, CA, may be wise.
Uncooperative behavior can significantly impact how long divorce takes to finalize in the California court system.
Understanding California’s Divorce Process
Before you can understand what happens if your spouse refuses to sign divorce papers, it’s important to understand the divorce process as a whole and when signatures or cooperation may be necessary.
If your spouse has stopped communicating entirely, you should research the implications of legal abandonment in divorce cases.
California is a no-fault divorce state, meaning you do not need to cite grounds for divorce. California’s legal system recognizes “irreconcilable differences” as reason enough to end a marriage, and neither party needs to prove fault. This means that a divorce can still happen even if one spouse does not comply, as they would not need to defend any fault-based grounds against them.
One spouse can initiate the divorce process; both spouses do not need to be involved in the initial filing process. The general steps are as follows:
- Fill out and file the divorce papers with your local court.
- Legally “serve” your spouse the divorce papers.
- Fill out financial disclosures.
- Attempt to reach an agreement on the division of property, child custody, and related matters via mediation or other strategies.
- If you cannot reach an agreement on your own, go to court and have a judge decide on matters for you.
- Finalize the divorce and receive the divorce judgment from the court.
In California, “serving” divorce papers is a legal process that ensures the parties involved in a legal matter are formally notified of the proceedings. When a spouse refuses to cooperate, it often shifts the case into the category of a contested vs. an uncontested legal battle. The two recognized methods of serving divorce papers in California include:
- Personal service, in which someone over 18 who is not involved in the case delivers the papers to your spouse in person. You can hire a process server or enlist a local sheriff to serve the papers, or ask practically anyone else who is at least 18 years old to deliver them. You just cannot deliver them yourself.
- Substitute service, which may arise if personal service is unsuccessful. California permits alternative methods of service, such as leaving them with someone at their home or place of work, or seeking permission from the court to serve them by mail.
After serving the divorce papers, you must file a Proof of Service with the court, which verifies when, how, and where the papers were served. If your case required substitute service, you may need to fill out additional forms.
What Happens if Someone Refuses To Sign Divorce Papers?
Some individuals might refuse to sign divorce papers because they believe that doing so will stop or delay the divorce process. They may be in denial about the divorce or wish to try to reason with their spouse before continuing. Or they may be trying to make the process as difficult as possible out of anger or resentment.
However, refusing to sign divorce papers won’t stop the divorce from happening. In some cases, it can even speed up the process.
Once your spouse has been served the divorce papers using one of the methods above, they generally have 30 days to respond. If they respond but disagree with any matters in the initial forms, the divorce will proceed as contested. You will both need to appear in court or negotiate a resolution out of court.
Meanwhile, if your spouse refuses to sign divorce papers within 30 days, you can request a default divorce judgment. The court can finalize the divorce based on your terms regarding child custody, property division, and other matters, proceeding without your spouse’s participation. If the refusal to sign is dragging on, you might consider requesting a bifurcated divorce to restore your single status sooner.
Finalizing Your Divorce by Asking for a Default Judgment
What happens if your spouse refuses to sign divorce papers? Your divorce will not automatically be complete if they fail to sign and submit the necessary documents within 30 days of being served. Instead, you must complete a few steps to continue the divorce process without your spouse’s signature:
- Disclose your finances to your spouse, if you haven’t already.
- Request a default judgment from the court.
- Submit the final divorce paperwork.
You can request a default judgment in two ways. The first is to request both a default and a final judgment at the same time. You will need to turn in all of your paperwork, and if the judge finds that it contains the necessary information, they will sign the final divorce papers. These papers will include the date that the marriage was officially over.
You can also request a default judgment before turning in the final divorce paperwork. Fill out the bottom portion of Form FL-165, which prevents your spouse from providing a response outside of the stated deadline. You will then need to submit the final paperwork to finalize the divorce. To prepare for a default judgment, ensure you have completed every item on your divorce document checklist properly.
Explore Your Legal Options for Uncooperative Spouses in Divorce
Now that you know what happens if your spouse refuses to sign divorce papers, you can confidently continue the divorce process even without their cooperation. An experienced divorce attorney can help you understand all of your legal rights and options, along with the costs of divorce. Contact Viola Law Firm P.C. today at 650-643-4212 for a legal consultation in San Mateo, CA.
