What Happens if Your Spouse is Refusing to Sign Divorce Papers in California?

Filing for divorce can be stressful. But when your spouse ignores the papers or refuses to sign anything, it can leave you feeling stuck and wondering what will happen. You are not stuck. California is a no-fault divorce state, and one spouse can move the case forward without the other’s cooperation. While refusal to sign may complicate paperwork, it does not give your spouse a veto over ending the marriage or prevent the court from deciding issues involved.

The 30-Day Deadline

California gives the served spouse 30 days from the date of service to respond to the divorce petition. If no response is filed within that period, you can request the court to enter a default. A default allows the divorce to proceed without your spouse’s participation. The court can decide issues regarding property, debts, child custody, support, and alimony based on the paperwork and California law. However, just because your spouse did not sign the papers does not mean you automatically receive everything requested.

What is a True Default?

A true default occurs when your spouse files no response and does not sign a settlement agreement. You are still required to complete your financial disclosures and submit the paperwork needed for the default and judgment. When you submit a default judgment:

• You must submit your financial disclosure, that is, financial statements with your spouse
• You must submit your proposed orders for the judge to review
• The judge signs off on your request, as long as it aligns with California law and matches your petition

While a default judgment prevents your spouse from dragging out litigation, it is not a blank check. The judge still has to approve everything, ensuring that the property division and other issues make sense.

What if Your Spouse Agreed but Will Not File a Response?

This is what’s called a default with agreement. In this case, your spouse refuses to file a Response, but you both sign a written agreement resolving the divorce issues, such as property, debts, support, and, when applicable, custody and child support. The court reviews the agreement before making the agreement part of the final orders.

What if Your Spouse Tries to Avoid Service?

Once you file for divorce, your spouse must be served with the divorce papers. You cannot serve the divorce papers yourself. Instead, another adult who is not part of the case must serve them, and proof of service must be filed. If your spouse cannot be located or is avoiding service, California courts have procedures for alternative service in such circumstances.

Can Refusing to Sign Stop the Divorce?

No. While refusal to sign can cause procedural complications, it does not give your spouse the power to stop the divorce. Once California’s mandatory statutory six-month-and-one-day waiting period has passed and all required paperwork is completed properly, the court can finalize the divorce even if your spouse never signs the papers or appears in court.

You are Not Stuck

While your spouse’s refusal to sign divorce papers can feel like a roadblock, California law does not let one person veto divorce. Our experienced divorce attorneys at the Law Office of Bradley S. Sandler can handle service, disclosures, and default procedures so you can move on and fully protect your rights. Contact us today to schedule a consultation.