Only the petitioner can choose not to continue with the process. This will delay the process until the couple can either agree on the terms of the divorce, or until a judge rules on its terms in divorce court.
The court may grant an exception to the day response rule in some circumstances, such as for a respondent that is out of the country on military duty. Click here to learn more. Boyd Law is the place to start Contested vs. Uncontested Divorce in California In a California divorce case, one spouse the petitioner will file for divorce and serve the papers to the other spouse the respondent. The Effect of Refusing to Sign Divorce Papers Refusing to sign divorce papers within the day window in California will result in a default divorce.
How to Properly Contest a Divorce A spouse cannot stop a divorce through legal means. If your spouse will not sign your divorce papers, their refusal to do so can make the process longer and more expensive. The good news is that you can still get divorced, even if your spouse refuses to cooperate. Because divorce law is state specific, this article only provides general information. Always check your state's laws and requirements to understand how those laws impact your situation.
Before assuming your spouse is acting unreasonably and refusing to sign your divorce papers out of malice or ill will toward you, it may help to try to talk to them. Sometimes, spouses going through a divorce find it difficult to communicate with each other. That lack of communication can lead to misunderstandings. There may be a relatively minor point of contention in your divorce plans at the root of the lack of communication. If you are able to come to an agreement, your spouse may be willing to sign the divorce papers and you can both move on with your lives.
But, if your spouse refuses to communicate or cooperate with your divorce filing, you may be able to get a default divorce. If your spouse will not sign the papers or respond to your petition, you can have a judge issue a judgement after this day waiting period is over. If you think you and your spouse could resolve these issues through mediation, that is also an option. Perhaps your spouse is in denial about the divorce and needs to talk it out before agreeing to it.
Mediation is an alternative form of dispute resolution that helps you and your spouse navigate your divorce issues with the help of a neutral third party. If your spouse still will not sign the divorce papers after mediation, you could also choose to go to trial. This is the most expensive and time-consuming way to finalize a divorce. It is recommended to consult with an experienced divorce attorney before doing so. How a judge will treat these situations depends on where you live: some states will allow the divorce to proceed "uncontested," while others allow the petitioning spouse the spouse asking for the divorce to obtain a "default divorce.
The easiest type of divorce is an "uncontested" divorce, which means both spouses have filed the necessary paperwork a divorce petition and a response and they agree to all divorce-related issues, such as alimony spousal support , child custody and support , and the division of property and debts. Typically, if you and your spouse have reached a divorce settlement agreement on all of your issues, you can bring your agreement and any necessary divorce paperwork to court, where a judge will review it, issue orders based on that agreement, and grant you a divorce.
If the agreement involves child support and custody terms, judges will check to make sure your parenting agreement and the child support amount is in the best interests of the child and meets state guidelines. If you properly served the divorce petition and your spouse filed an uncontested response, but won't sign off on the final divorce papers, courts in some states may allow the case to proceed as though it's uncontested.
You may wait to be assigned a court appearance date. If your spouse fails to show up in court on that date, the judge may treat the case as though it's uncontested and enter orders based on your divorce petition and the response. If you have served your spouse properly, and your spouse failed to file a written response on time, some states let you file a request to enter a default divorce.
State and local rules may vary, but generally, if your spouse failed to respond to your divorce petition within 30 days, you may file a request to enter a default along with a proposed judgment.
It may also be allowed when a spouse can't be located for service.
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