If one party refuses to be served outright and refuses to respond, the other party can, after 6 months, file a motion for a 'default divorce', and request a dissolution without the other spouse's permission.
What is a Default Divorce in California? If due diligence fails and the spouse successfully avoids the attempts to serve the papers, the process moves into a default divorce process.
If you don't file a response within 30 days of getting the Petition form, your spouse or domestic partner can ask for a default. If there's a default, the court won't let you file a response and can decide the case without you. If it's been more than 30 days, check with the court to see if your spouse got a default.
Coping With Separation And Divorce Recognize that it's OK to have different feelings. Give yourself a break. Don't go through this alone. Take care of yourself emotionally and physically. Avoid power struggles and arguments with your spouse or former spouse. Take time to explore your interests. Think positively.
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.
It is possible to get a divorce without going to court, especially in cases where both parties mutually agree to the divorce and its terms. This process is often referred to as an ``uncontested divorce'' or ``amicable divorce.'' Here are the key steps and considerations:
Ing to a 2019 survey conducted by Martindale-Nolo Research, contested divorces take at least 18 months to finalize in California.