You Want to Divorce, But Your Spouse Refuses to Sign—Your Next Steps

Finally deciding that you are ready to end your marriage and start over can be agonizing. When your spouse tells you that they refuse to cooperate or sign the divorce papers, it adds a whole new layer of difficulty. The good news is that California law does not require both spouses to agree to end a marriage; even if one spouse “refuses” to get divorced, the other person can go through the process. The uncooperative spouse may make the process slower, more complicated, or more stressful, but they cannot stop it from happening. While we always recommend legal guidance in a divorce, it’s particularly important to reach out to a California divorce attorney when you know your spouse will fight you through the entire process.

That’s where the team at the Law Office of Taylor B. Warner, APLC steps in to help. Attorney Taylor B. Warner has spent more than a decade serving clients in the Inland Empire, bringing a broad range of family law experience to each case she accepts. As a California Bar Certified Family Law Specialist, she’s ready to help you work through the divorce process so you can start the next chapter. Call our divorce law firm at 909-466-5575 to schedule a consultation now.

Your Spouse Does Not Have to Agree

You don’t need your spouse’s permission to file for divorce in California. You also do not have to prove adultery, abandonment, or any other type of marital misconduct, as California is a no-fault divorce state. You do have to wait for six months after the other party is served with the summons and petition, but that doesn’t require the other party’s compliance or cooperation.

Filing the Petition and Completing Proper Service

When you first begin working with your divorce lawyer, they will file the divorce petition and related paperwork. At that point, the other spouse must receive legally sufficient notice. Service must be completed by someone else who is not a party to the case; many people choose to work with a professional process server.

Even if your spouse intentionally avoids service, that doesn’t necessarily bring the process to a halt. California courts can allow alternative methods of service when ordinary personal service cannot be completed.

What Happens If Your Spouse Ignores the Divorce Papers

After your spouse has been served, they have 30 days to file a response. If they do nothing, your divorce attorney may request entry of default. This can keep the case moving without your spouse’s active participation.

Note that this doesn’t mean that you get everything you requested in your initial paperwork. You still have to go through the necessary steps of the divorce process, but you can at least keep going without your spouse responding to the petition.

After default is entered, you can ask the court for a judgment based on the information presented to the court. You have to handle this process carefully, which is why it’s important to have legal representation.

When a Spouse Participates But Refuses to Settle

If your spouse does file a response to your petition, they may contest things like community property, spousal support, child support, and parenting time. This doesn’t stop the divorce process, but depending on how much they are willing to negotiate, it can drag it out. Working with an experienced divorce lawyer who has handled cases involving adversarial spouses can help you avoid unnecessary delays.

Protecting Your Finances (and Peace)

It’s normal for a hostile or resistant spouse to make you feel like you’re in fight-or-flight mode constantly. Every aspect of your divorce may feel like a constant emergency, which is why protecting yourself requires extra planning. Financially, make sure you have copies of tax returns, account statements, retirement account statements, information on debts, and documents related to your major assets.

In addition to protecting your finances, you have to protect your own mental health during this time. You do not have to participate in every argument your spouse starts. Keep communication in writing, limit communication to information about your shared children if you have any, and allow your attorney to handle the negotiations. A non-response to a hostile message is a response in itself.

Find Out How Our California Divorce Law Firm Can Help You

If you’re ready to divorce but your spouse is insisting they won’t let it happen, having the right legal representation can help you minimize your stress during this process. Call us at 909-466-5575 or get in touch with us online to schedule a consultation.

Taylor Warner

Taylor has always been an advocate. Growing up the middle child with an older and a younger brother, Taylor developed a strong voice and personality and has always felt strongly about helping others. Becoming a lawyer seemed to fit Taylor’s personality and character – she is a strong leader and a bold advocate. Learn more here.