If I do not agree on the divorce and do not sign the papers, can the divorce still be granted?

Full question:

In the State of California if the respondent refuses to sign any of the divorce papers because they do not agree to the divorce, is the petitioner still able to have the divorce finalized in the court and dissolve the marriage? Where can I find more information on this specifically?

  • Category: Divorce
  • Date:
  • State: California

Answer:

California law allows for divorces based upon the grounds of irreconcilable differences, or incurable insanity. Irreconcilable differences are statutorily defined as those differences determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved.

A summary dissolution of marriage proceeding is begun by the filing of a joint petition signed by both the husband and wife stating that all of the requirements for summary dissolution have been met, providing the mailing address of both husband and wife, and a statement of whether or not the wife desires to have her former name restored.

If one spouse refuses to sign a joint petition, the other spouse may still seek and obtain a divorce on the grounds of irreconcilable differences.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

If one spouse refuses to sign divorce papers in California, the other spouse can still proceed with the divorce. The court allows the divorce to be finalized based on irreconcilable differences, even without both parties' signatures. The petitioner can file the necessary documents and may need to attend a court hearing to finalize the divorce.