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Although you can complete a divorce without your spouse's consent, you must take steps to notify him or her of your intention to divorce. If you cannot locate your spouse, you can still file for divorce, but only after you have taken steps to attempt to locate and serve him or her with the divorce papers.
Once you serve the divorce petition on your spouse (either through regular service or an alternative method), your spouse has a certain amount of time to respond (usually about 20-30 days). If your spouse doesn't file an answer in time, you may then request a default divorce.
The husband has a right to file a petition for divorce with or without mutual consent. For the latter, the grounds for filing remain the same as that for a wife. These include cruelty, desertion, conversion, adultery, disease, mental disorder, renunciation and presumption of death.
The process to file for divorce when one spouse is not ready File a divorce petition: File a petition for divorce in the relevant court, which must be served on your spouse. You must provide evidence to support your claims and it is advisable to seek legal advice.
In California, the only reason a person needs to get a divorce is that the person wants out of the marriage. You do not need your spouse to agree to end the marriage or sign the divorce documents. As long as you meet the legal requirements for a divorce, you can get divorced without your spouse signing any documents.