Spouse Application File Without Permission In California
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California has no specific limit on how long a spouse may drag out your divorce, but the court has some mechanisms in place to deal with uncooperative spouses. This typically involves issuing court orders to ensure divorce cases progress in a timely manner.
There are many ways you can respond to your spouse's delay tactics. The most common option is to file a request to set a definite trial date. This option gives both sides a clear-cut date on which they need to be ready to resolve the case. A clear-cut date often encourages meaningful settlement discussions.
The 6-month rule for divorce in California stipulates that at least six months must pass from the time a divorce petition is served before a court can finalize the divorce.
Cases involving spousal support, child custody disputes, and child support arguments can take longer to resolve than simple cases without these issues. At the maximum, a single divorce case can take 5 years, because the petition expires after 5 years.
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.
As we mentioned, there isn't a specific limit on how long a divorce case may last in California, but there are ways to continue with the divorce proceedings. Beyond the six-month waiting period, your spouse may try to drag out your case even longer.
Whatever the case may be, there is some good news for you: your spouse doesn't have to sign divorce papers or even agree for it to take place.
Go to the court's website where the case is filed. Most courts have a section on their website called "online services" or something similar. There you will find information about whether you can look up a court case online and what type of records you can see. Not all types of records are available online.
Get your process server and have them provide a detailed list of efforts to serve and that he is evading service. Then you can file a motion for alternative service via mail or publication. You show the court he is evading service with the attempts to serve and affidavit from the process server.
You can also reach out to local legal entities. This could be the court's clerk office. Simply ask if there are any legal documents with your name on them that haven't been delivered yet. This is like calling customer service to check if they've dispatched that order you forgot you made.
