QUESTION
What happens if the spouse refuses to sign the divorce paperwork or acknowledge it all together?
Asked on Aug 07th, 2012 on Divorce - California
9 ANSWERS
In California if a spouse has been served with the divorce papers,he/she has 30 days within which to respond with a formal document filed with the court. if that person fails to respond, a default can be taken against him/her by filing a request to enter default. If the other spouse has filed a formal response with the court but refuses to do anything further, the best move is to set the case for trial and the court will schedule a mandatory settlement conference. if the case isn't resolved at the mandatory settlement conference, the matter will be scheduled for a trial and a judge will make decisions and finalize the case. Good luck.
Answered on Aug 16th, 2012 at 2:10 PM
Family Law Attorney serving Santa Ana, CA
at
Law Office of Rhonda Ellifritz
Update Your Profile
Have them personally served. If they don't answer, go forward by default.
Answered on Aug 16th, 2012 at 2:10 PM
Family Law Attorney serving Calabasas, CA
at
Shulman Family Law Group
Update Your Profile
If he is served properly and does not respond, you may file a Request for Default and have a Default Trial and Judgment. There are self help centers in most counties to help with the paperwork. Good luck.
Answered on Aug 16th, 2012 at 2:10 PM
You mean to say there is another kind of spouse. You have watched too many old British movies. His refusal can slow down the train a little bit, but not much. Just have any adult, other than yourself, serve the summons and petition on him in person and then complete the proof of personal service and submit it to the court.
Answered on Aug 16th, 2012 at 2:09 PM
A dissolution can be obtained without the cooperation of your spouse. All you need is to be able to serve him/her with the proper paperwork. If they refuse to participate, then you can proceed to file a default and obtain a judgment. You should consult a family law attorney or facilitator about the pertinent forms and their use.
Answered on Aug 16th, 2012 at 2:08 PM
Family Law Attorney serving Petaluma, CA
at
Law Office of Erin Farley
Update Your Profile
If your spouse refuses to participate, you can get a dissolution through the default process. Discuss this option with your attorney. If you are not represented, go to the family law facilitator at your local courthouse. Guidance for a default dissolution can also be found at www.courts.ca.govunder the tab called: "self-help."
Answered on Aug 16th, 2012 at 2:08 PM
Criminal Defense Attorney serving Tarzana, CA
at
The Law Office of Anthony A. Roach
Update Your Profile
The other spouse doesn't have to acknowledge anything for you to get divorced. You can have them properly served, and when they fail to respond, proceed by way of default.
Answered on Aug 16th, 2012 at 2:08 PM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
You must file an action and force the issues so the court will decide them. You cannot force him to sign an agreement.
Answered on Aug 16th, 2012 at 2:08 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
at
Zahn Law Office
Update Your Profile
You don't need them to sign anything. If they are served and it has been more than 30 days, you can take a default against them. If you are in my area and are looking for an attorney, please contact me for a free consultation.
Answered on Aug 16th, 2012 at 2:08 PM