Legal Question in Family Law in California

my son is in jail and has filed for a divorce but his wife will not sign the papers, what is the next step?


Asked on 7/07/11, 10:46 pm

3 Answers from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

If you are referring to signing a form that confirms she is accepting service, then the answer is (if wife is not cooperating) to hire a process server to serve the papers on her.

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Answered on 7/08/11, 8:22 am

Generally there is nothing that the responding spouse must sign in order for a divorce to proceed. So without knowing what "papers" your son thinks she needs to sign, we cannot guide you as to what you need to do.

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Answered on 7/08/11, 12:32 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. McCormick. California's divorce proceedings are no fault, and all that has to be done is properly serve the other spouse. The spouse who is served does not have to consent to the divorce. The court will grant it if the filing spouse wants it.

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Answered on 7/10/11, 9:03 am


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