The first step in pursuing the dissolution of marriage in Arizona is to file your Petition for the Dissolution of Marriage in the Superior Court. You must allege your marriage is irretrievably broken in your Petition for Dissolution of Marriage.
Read the complaint and decide what to do. Read the complaint. You may agree with some, all, or none of the complaint. Write down next to each paragraph in the complaint whether you agree or disagree with what that paragraph says. If you agree with everything your spouse is asking for, you may not need to file anything.
The main consequence of a divorce not being finalized is that the couple is still legally married. This means that neither party can remarry, and they may still be liable for each other's debts, taxes, and other financial obligations.
If your spouse refuses to sign, you'll eventually be able to get a divorce and move onto a new life. Going through a trial to get divorced when your spouse won't sign will be more time-consuming and expensive, but you'll score your divorce judgment.
Divorce proceedings in California are considered no-fault divorces. To secure a divorce, one partner does not have to establish that the other was “at fault” for the marriage's demise. There is no need for your partner's consent or signature on divorce papers.
Yes, you can file without your husband's knowledge and consent. You have a constitutional right to marry whomever you like, with some narrow exceptions (eg some minors, some people you are related to, same sex persons in some states, etc.). You have about the same right to divorce, pretty much at will.
Yes, if one party doesn't sign the mutual concern final decree, you will need to file a motion for default judgment. This motion will ask the court to enter a judgment against your spouse without hearing from them.
From a legal standpoint, it usually doesn't matter in Arizona who files for divorce first. Arizona follows a “no-fault” approach, meaning that if one spouse wants a divorce, they don't have to provide evidence that the other spouse did something wrong to justify ending the marriage. They can simply begin the process.