28 January 2013 0 Comments

Does my spouse need to sign the divorce papers?

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I have been asked many times if a person can still obtain a divorce if their spouse refuses to sign the divorce papers.  The answer is yes.  Because California is a no-fault state, you do not need your spouse’s signature in order to obtain a divorce.

However, you may need your spouse’s signature if there are family issues such as children, community assets, and debts involved. On the other hand, if there are no issues to agree upon and your spouse does not file a response to your Petition for Dissolution, you may simply default the other party and seek a default divorce judgment from the court.  In addition, if your spouse does file a response, you case is known as a contested divorce case.

Keep in mind that you still need to be a resident of California for at least six months prior to filing the papers and live in the Riverside County for at least three months prior.

If your divorce ends up going to trial, it is in your best interests to retain the representation of a competent and experienced Riverside Divorce attorney who will asset his rights under the family code.

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