Legal Question in Family Law in California

can you file for devorce when other party refuses to sign divorce papers can you just ask for hearing even if other pary doesn't show up


Asked on 4/16/11, 12:34 pm

2 Answers from Attorneys

B. Stuart Walker Law Office of B. Stuart Walker

Yes, you can file for divorce and then have the other party personally served by a California resident over 18 (not you!). Included in the papers you serve the other party with can be an Order to Show Cause asking for support, custody or whatever it is that you want. Or you can serve the other party with your Order to Show Cause or Motion by mail after serving them with divorce papers.

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Answered on 4/16/11, 4:18 pm
Anthony Roach Law Office of Anthony A. Roach

In California, it does not require both spouses consent to get divorced. Either spouse can file a petition for dissolution based on irreconcilable difference, and have the other spouse served. If the other spouse does not respond, a default can be requested, and a default judgment entered.

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Answered on 4/18/11, 1:39 pm


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