Divorce proceedings can take longer if both spouses do not agree to the division of assets or other terms of the divorce. In California, a spouse’s refusal to sign divorce papers or agree to divorce terms does not halt the divorce process. Here’s what you should know if you find yourself in this position.
Contested vs Uncontested Divorce
Divorces are either contested or uncontested. In a perfect world, all divorces would be amicable and uncontested, which means both spouses would agree to the same division of assets, childcare, and alimony terms, making the proceedings quick and painless. In the real world, a fully uncontested divorce is rare.
More often than not, though, a divorce is contested, which means that one or both parties do not agree on how assets should be divided or how other terms should be outlined in the divorce papers. If one spouse is particularly unhappy with the terms of the divorce, they may even refuse to sign the divorce papers.
What Happens if Your Spouse Refuses to Sign the Divorce Papers?
If your spouse refuses to sign your divorce papers, you can still proceed with a divorce. You have several options to keep your divorce proceedings moving forward and get a divorce decree entered by the judge.
What Is a Default Judgment?
A default judgment can be requested from the court if your spouse has been served with divorce paperwork and has failed to respond. A default judgment may also be entered if your spouse was required to appear in court but failed to do so.
Before you consider this option, it’s best to speak with a qualified divorce attorney to make sure that a default judgment is in your best interest. If, for instance, your spouse is ill and unable to appear in court, obtaining a default judgment could result in a bigger legal battle in the future.
What Is Mediation in Divorce?
Mediation is a process in which an uninterested third party meets with you, your attorney, your spouse, and your spouse’s attorney to help you work through disagreements about your divorce papers. Mediation can help both parties recognize that they must each concede on certain items to reach an agreement. If mediation does not work, it is referred to as an impasse.
If your mediation reaches an impasse, court proceedings would resume. The benefit of mediation is that it is more cost-effective than court proceedings and may allow you to reach an agreement sooner than you’d be able to do so in court.
What Is a No-Fault Divorce State?
A no-fault divorce state refers to a state that does not require the spouse who asks the court for the divorce to prove that they should be granted a divorce based on the other spouse’s behavior. California is a no-fault divorce state, which means that there is no burden of proof due from either spouse to prove why a divorce is necessary or needed.
Whether or not your spouse agrees to your request for a divorce, you will not need to prove that you need or deserve one.
When Should You Hire a Divorce Attorney?
If you and/or your spouse are considering a divorce, even if it is thus far amicable, it is in your best interest to hire an experienced divorce attorney to handle your affairs. Although you may agree with your spouse on certain aspects of a divorce right now, problems can arise as details about childcare arrangements, property rights, and spousal support are discussed.
Hiring an attorney immediately will spare you the experience of trying to find one later in the process, which can be particularly difficult if your spouse has already made calls to find another lawyer. When you have a lawyer by your side at the very start, they have the best chance of understanding both you and your spouse’s wishes and can help the process go as smoothly as possible.
Some divorces include multiple, high-value assets, which can lead to questions about ownership. Having an experienced attorney familiar with high-asset divorces can help you avoid lengthy court battles and unnecessary delays in determining how to proceed.
Contact Pinkham & Associates for Help with Your Divorce Case
If you are in the middle of a contested divorce or if you need to file for divorce, contact us today. We can help you with both a contested and uncontested divorce, and can help if you are in the middle of an ongoing divorce that seems to be stalling. We aim to make the divorce process as easy and smooth as possible so that both parties can agree to a favorable resolution.
Contact us today for a review of your case and to see how we may be of service.
