If you have a divorce looming over your head, the last thing you need is an uncooperative spouse. Despite the reasons why things are stagnant, it’s frustrating and stressful not to be able to move on from the past in peace.
Thankfully, California law frees you from being at the mercy and whims of an unwilling or stubborn spouse.
We've seen spouses time after time try to stall or derail the divorce by not signing those papers. While annoying, it can be overcome, and we're more than happy to help you take the necessary steps so you can move forward with your life.
We'll explain the no-fault divorce system in California, the legal proceedings, and the options available to you if your spouse refuses to cooperate at any point.
Holstrom, Block & Parke, APLC has a team of experts with extensive experience in such situations. We’re committed to supporting you through this process while instilling confidence and offering clarity.
Understanding California’s No-Fault Divorce
California’s “no-fault” divorce system aims to bypass a lot of the messy and embarrassing obstacles that can occur within a divorce.
Under this law, neither spouse has to prove any wrongdoing or fault to get a divorce. It doesn’t matter if a party refuses to sign the papers or strongly opposes the decision. Their refusal doesn’t change the fact that you can move forward with the process; all it takes is one party’s desire to end the marriage.
The Process When Your Spouse Won’t Sign
Even with the process being simplified, you still want to be prepared and aware of the proper protocol for handling a refusal to sign. Here’s an overview of what you can expect from start to finish.
Filing for Divorce
The first step in any divorce is filing a Petition for Dissolution of Marriage. This document formally starts the divorce proceedings, and you only need your own signature to get it going.
Once filed, this petition sets the legal wheels in motion.
It signals to the court that you're serious about ending the marriage, and it also notifies your spouse that the process has begun, even if they’re not ready to accept it yet.
Serving Your Spouse
After filing, the next step is serving the divorce papers to your spouse. This is a legal requirement, ensuring that your spouse is officially informed about the divorce proceedings.
However, serving the papers doesn’t mean you need their consent or signature. There are several ways to serve your spouse; and if they’re being particularly difficult, you can request help from a third party, such as a professional process server or law enforcement officer.
If you're already trying to keep things flowing smoothly, make sure you follow the correct procedures here to avoid any delays. But rest assured, your spouse’s refusal to acknowledge or sign the papers at this stage won’t stop the divorce from happening.
The Response Period and Default Judgment
Once served, your spouse has 30 days to respond to the divorce petition. During this time, they can agree, disagree, or raise any issues they might have.
But what happens if they do nothing? If your spouse decides to ignore the petition, the court can proceed without them by granting a “default judgment.”
A default judgment is a legal way of moving the divorce forward when one party refuses to participate.
It grants the court permission to make decisions about the divorce—such as division of assets, child custody, and support—based on the information you provide, without any input from your spouse.
Contested vs. Uncontested Divorce
If your spouse refuses to sign, it doesn't automatically lead to a contested divorce or a drawn-out legal battle.
A contested divorce happens when both parties cannot agree on key issues like asset division, child custody, or spousal support.
In contrast, an uncontested divorce is when both spouses agree on these matters without the court’s intervention.
However, even if your spouse is initially uncooperative, there’s still a chance to reach an uncontested divorce if they eventually come around. If not, the court will step in to resolve the contested issues, but the divorce itself will still proceed.
Managing a Default Divorce
If your spouse continues to be stubborn and you move toward a default divorce, there are specific steps to follow.
First, you’ll need to submit the necessary paperwork to the court, including a Request to Enter Default. This paperwork essentially asks the court to proceed with the divorce based on your original petition.
Once the default is granted, the court will schedule a hearing to finalize the divorce.
At this hearing, the judge will review your requests for property division, custody, and support and will issue a final judgment.
The key here is that your spouse’s refusal to participate means the court will generally approve your requests, provided they are reasonable and within the bounds of California law.
Don’t Face Divorce Alone—Let Our 300+ Years of Combined Experience Guide You
Divorce is never easy, especially when dealing with a spouse who won't budge. You'll need support, and that's where we step in.
At Holstrom, Block & Parke, APLC, we understand how challenging this process can be. With over 300 years of combined experience, our team is ready to guide you every step of the way. We’re committed to helping you achieve the best possible outcome.
Our Certified Family Law Specialists have handled many cases like yours. We know the tactics that non-cooperative spouses use, and we know how to counter them effectively.
If you’re facing a situation where your spouse won’t sign the divorce papers, don’t wait. Contact us today to discuss your options. We offer confidential consultations where we can explore your situation in detail and provide personalized legal advice. Call us at (855) 939-9111 or visit our contact page to schedule your consultation.
Let us help you move forward with confidence and peace of mind.
