What happens if a spouse doesn’t reply to a divorce petition?
When a spouse doesn’t respond to a divorce petition, the court can proceed with a divorce without his or her response. … Provided that the court believes the other spouse has had notice of the legal action and opportunity to respond, the court can move forward and dissolve the marriage.
How long can a spouse drag out a divorce in California?
After the judge signs your order, you must wait a total of 90 days from the date you filed the petition or from the date you served the petition before a judge is able to sign your divorce papers. And even then, your divorce may drag beyond the 90 days.
Do I have to respond to a divorce petition in California?
Legally, you do not have to respond to your spouse’s divorce petition. … If you choose not to file a formal response to your partner’s divorce petition, the court clerk will enter a Request to Enter Default. Once a default is entered, the case is allowed to proceed unilaterally by the petitioner.
What happens if you don’t respond to being served?
If you do not take action within 28 days the plaintiff may get a default judgment against you without you attending court or being notified. The default judgment can then be enforced. Having a judgment against you may also affect your credit rating.
What happens when the respondent does not respond?
Respondent’s Guide to a Family Law Case
If you do not serve and file a Response within 30 days after being served with the Petition Packet, your spouse may enter your default, and the Court could make orders affecting your family and finances without hearing from you.
What happens if you don’t accept divorce papers?
State and local rules may vary, but generally, if your spouse failed to respond to your divorce petition within 30 days, you may file a request to enter a default along with a proposed judgment. … By failing to respond or appear, your spouse gives up the right to have any say in the divorce proceeding or court judgment.
What happens if spouse contests divorce?
If your spouse contests the divorce at first and then you reach an agreement, you can submit your agreement to the court and the judge will decide whether the agreement is fair and issue a divorce decree. … The judge will make a final decision and issue a divorce decree.
Can you get divorce if other person refuses?
California is a No-Fault Divorce State
Because California is a no-fault state, you do not have to prove that you or your spouse are “guilty” for ending the marriage. Furthermore, you do not need your spouse’s permission to obtain a divorce.
How long does a default divorce take in California?
A divorce in California always takes a minimum of six months. This is called a “waiting period.” The waiting period is to make sure you and your spouse do not change your mind about going through with the divorce. The courts want to give you time in case you decide to reconcile.
What happens when served divorce papers?
Once you are served with divorce papers, you have two options. You can ignore the filing, in which case your divorce will proceed by default. This means the court will likely grant whatever request your spouse makes regarding the division of property and debt, child custody, child support, and alimony.