Can I Get Divorced If I Can’t Find My Spouse?

As the weight of a divorce looms heavy on your shoulders, the last thing you want to worry about is an uncooperative spouse. But, unfortunately, it happens all too often. The mere thought of your spouse refusing to sign the divorce papers, refusing to be divorced, or refusing to agree on issues, can make the already-stressful process of divorce even more unbearable. However, it’s important to remember that in California, a divorce can still be finalized even if your spouse is uncooperative.

You see, in California, the court requires a “proof of service” which is a formal notification that a divorce petition has been filed. It is mandatory that service is made, but the spouse or respondent does NOT need to sign anything. This is where the option of having a friend or family member (not a child of the marriage), a process server, or a sheriff, serve the papers comes in. They will sign and date the Proof of Service, and the spouse simply receives the paperwork.

The downside is that the spouse may not wish to respond or do anything with regard to the papers served. If this happens and the 30 days to respond have passed, the petitioner can request a default judgment. The default judgment will be granted, and the divorce will be finalized.

It’s important to remember that while the thought of an uncooperative spouse may be daunting, there are options available to ensure that your divorce can still proceed and be finalized. So, don’t let the fear of an uncooperative spouse hold you back from taking the necessary steps to move on with your life. With the right guidance and the right steps, you can make it through this difficult time and come out stronger on the other side.

Many individuals believe that obtaining a divorce in California requires the consent of one’s spouse, but this is a misconception. As a no-fault state, California allows for divorce to be sought without the need for a spouse’s signature. What is truly important is properly serving the divorce petition and satisfying the jurisdiction requirements of the court by demonstrating that you or your spouse have resided in the state and county for a specified period of time.

The process of filing for divorce begins with serving the summons and petition to your spouse, who then has 30 days to file a response. If your spouse fails to respond, you can file for default and propose a judgment for the court to approve. Even if there are issues of property division, custody, and support, the court will still review your proposed judgment to ensure it conforms to the state’s policy of an equal division of community property.

However, there may be instances where your spouse contests the divorce, in which case you may need to resolve the case through settlement or trial. At our family law office, we strive to resolve cases through settlement as it is more cost-effective and results in a happier outcome for both parties. In such cases, the parties may execute a stipulated judgment, which is an agreement on all issues in the divorce case, avoiding the cost and uncertainty of going to trial.

For issues that cannot be settled, the litigation process begins, involving obtaining discovery, exchanging disclosures, and preparing the case for trial. Ultimately, the divorce and distribution of community assets and debts will be adjudicated at trial, and it is in the best interest of the parties to retain competent counsel who can assert their rights under the family code.

Different types of divorce in California

Divorce is often portrayed in movies and television shows as a simple process that culminates in the signing of a set of papers, but the reality is far different. The decision to end a marriage can be a difficult and emotionally charged experience, made even harder when the decision to divorce was not mutual.

But what happens when one spouse refuses to sign the divorce papers? This can be a frustrating and stressful situation, but it does not mean that the divorce cannot be completed. Ignoring the divorce papers or failing to respond to them will only delay the process, but it will not stop it from happening.

In California, there are two types of divorce: contested and uncontested. A contested divorce is one in which one spouse disagrees with the terms of the divorce, while an uncontested divorce is one in which both parties agree on the terms. If your spouse refuses to sign the divorce papers or fails to respond to them, it can be considered a contested divorce.

If your spouse fails to respond to the divorce papers within 30 days, the family court judge can issue a default judgment, which means that the terms proposed by your spouse will be granted. This also means that you will lose the opportunity to contest the terms, and your divorce will be finalized despite your efforts to stop it.

Navigating the complex process of getting a divorce can be challenging, especially when your spouse refuses to sign the papers. It’s important to have a knowledgeable divorce lawyer to guide you through the process. Our California divorce lawyers have the experience and expertise to help you understand your options and get the outcome you desire.

In 1970, California made history by becoming the first state in America to offer no-fault divorce, a revolutionary concept that has since been embraced by almost every state in the country. This means that couples no longer have to prove fault in order to dissolve their marriage. Instead, they simply need to cite “irreconcilable differences” as the reason for their separation.

One of the most significant benefits of living in a no-fault state like California is that you do not have to prove that you or your spouse are at fault for the demise of your marriage. Additionally, you do not need your spouse’s consent to obtain a divorce. This means that, in rare cases, you can legally end your marriage without ever having to involve your spouse in the process.

However, it is important to note that if you do not respond to your spouse’s petition for divorce or separation, or if you file a response but fail to reach an agreement, your divorce will be considered a “true default” or an “uncontested case.” This means that you are giving up your legal right to make any decisions in the divorce case, so it is crucial to closely examine the divorce paperwork that was filed by your spouse before making this decision.

When you file for a divorce in California, the court requires you to file a petition with them, and to ensure that your spouse receives the corresponding summons and petition. To fulfill this requirement, your spouse must sign the “proof of service” (Form FL-115) document, which confirms that they received the paperwork.

Ideally, the spouse who files the petition would talk to their spouse about the divorce before serving papers. However, this is not always possible or safe. For example, you may anticipate a violent or volatile reaction from your spouse, or they may simply refuse to sign the acknowledgement that you served the papers.

In California, you do not have to serve the papers to your spouse yourself, you can have a friend or family member, a process server, or a sheriff serve the papers. In this case, your spouse does not need to sign anything, instead the person who served the papers signs the proof of service, which meets the court’s requirements.