What if your spouse does not wish to be divorced?
If there are no issues to be resolved, the petitioner may not have to appear in court at all the divorce would be finalized without an appearance. If there are issues that need to be resolved, the petitioner (not the respondent) will go before the judge and he/she will usually make a decision based on what is reasonable. Spouse may not wish to respond or do anything with regard to the papers served if this occurs and the 30 days to respond have passed, the petitioner can then file ‘default’ paperwork with the courts. Petitioner serves spouse–if spouse refuses to sign proof of service or does not appear to be cooperative, spouse can be served by someone over the age of 18 (not a child of the marriage) or by a process server or sheriff in this case the person who serves, signs and dates the Proof of Service the spouse simply receives the paperwork. It is mandatory that service is made, but the spouse or respondent does NOT need to sign anything as the other people listed above will do that! In California, a divorce can proceed through the courts, and can be finalized… even if the spouse refuses to sign any papers. Remember, ‘service’ is the start of the divorce! The court requires a ‘proof of service’ which is a formal notification that a divorce petition has been filed. arrange for a sheriff to serve the spouse. arrange for a process server to serve the spouse. have a friend or family member (not a child of the marriage) serve the spouse. …but when it comes to divorce in California, it can be finalized even if the spouse does not want to “sign the divorce papers”, be divorced or agree on issues! What to do when your spouse won’t sign the ‘proof of service’? 
the spouse does not agree on issues that the parties may have.the spouse does not wish to be divorced.the spouse or respondent does not wish to sign the ‘proof of service’.When someone states that their spouse is “uncooperative” they are usually referring to: What does it mean to be an “uncooperative spouse”? Many soon-to-be-divorced couples may envision they too may have one of these dramatic divorces as perpetuated in the media, but the truth is, thinking you need your spouse to “cooperate” by signing papers, or somehow “agreeing” to the divorce, is false. To make matters worse, many find themselves in a less than amicable divorce, with a spouse who may say that they will “refuse to sign the divorce papers” when they are served.įor some reason, Hollywood seems to be obsessed with ‘signing Divorce papers’ and creating a variety of intrigues surrounding this task. Time and time again, studies have shown that getting a divorce is often one of the most stressful life events.
Anyone going through a Divorce can attest to how stressful and complicated the process can be.
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