Divorce can be frustrating, especially when a spouse refuses to cooperate. If your husband or wife does not want to get a divorce, but you do, it could be a contentious situation. In fact, your spouse may even refuse to sign the divorce papers. If they do, what happens next?
A spouse generally cannot prevent a divorce simply by refusing to sign the divorce papers. However, a spouse may be able to delay the process by failing to cooperate, disputing issues, or raising legitimate legal issues.
Still, there are limits to how long someone can prevent a divorce from moving forward. Courts typically provide procedures for moving forward when one spouse will not cooperate.
The Divorce Can Usually Proceed
Divorce generally begins when one spouse files a petition or complaint with the appropriate court. The other spouse must then be properly served with the divorce papers. If the responding spouse does not agree with the divorce, they typically have an opportunity to file a response and participate in the case. However, if the spouse refuses to participate, the filing spouse may be able to seek a default judgment.
In California, the deadline is 30 days. This means that if your spouse does not file a response within 30 days of being served, you can ask the court for a default. This means the court will decide on the case without your spouse’s input.
There are two options for a default. You can request a default and a final judgment at the same time. A judge will review the paperwork. A judge will sign the final papers if everything is completed.
You can also ask the court for a default first, before you turn in your final paperwork. The court will review your request and complete the bottom of form FL-165, which stops your spouse from being able to respond. However, you still need to submit the final paperwork for the divorce to be finalized.
What If Your Spouse Refuses to Sign a Settlement Agreement?
This is different from simply refusing to sign the initial divorce paperwork. If both spouses cannot agree about property, finances, custody, support, or other issues, the divorce may become contested. The court may require mediation, hearings, discovery, or other proceedings before resolving the disputed issues. Ultimately, a judge may decide the issues the spouses cannot resolve themselves.
Contact Us Today
A revengeful spouse may think they can avoid a divorce by ignoring the situation and refusing to sign papers, but the divorce can still move forward. However, an uncooperative spouse can delay the process and make things more difficult.
Need help moving your divorce forward? Get the legal help you need from a Redwood City family law attorney at The Law Offices of Oliver Gutierrez. I can resolve complex issues that are part of your divorce. Let us guide you through the process. Se habla español. Schedule a consultation today by filling out the online form or calling (650) 285-1673.