Deciding to end a marriage is already a difficult decision, but what happens if your spouse refuses to comply and won’t sign the divorce papers? Many fear an uncooperative partner can stop the process entirely, leaving them in legal limbo.
While a signature might be able to make the process easier, It’s not always necessary to proceed forward. If your spouse refuses to participate, you don’t have to stay stuck in a marriage you don’t want, you have options.
Your options
In California, you can still get a divorce even if your partner refuses to sign the divorce papers. California is a true no-fault divorce state, meaning that one spouse can file under the term of “irreconcilable differences” while the spouse receiving the request for divorce cannot object to the petition to a no-fault divorce.
Once a divorce petition is filed and served, the receiving spouse has thirty days to respond. If they decide to ignore the paperwork and refuse to file a proper response, the court can proceed with a default divorce. A default divorce is where one spouse is granted a divorce judgment after the other party fails to respond, allowing the court to decide the terms of the divorce without their judgment
However, if the spouse decides to contest the divorce by filing a response, the case will move on instead as a contested divorce, which requires mediation or a court trial. While this can take longer and be even more complex, California law ensures that no one will have to stay in a marriage against their will. No matter how your spouse responds, you have legal options to help you move forward.
Navigating a divorce when your spouse refuses to cooperate can be frustrating, but you don’t have to go through this difficult time alone. Understanding your rights and the legal options available can help you move through this process with confidence. If you’re struggling with your divorce, seeking legal guidance can help make the process smoother and ensure your interests are protected.