Legal Question in Family Law in California
Can a wife refuse divorce without signing anything
Asked on 10/03/10, 12:02 am
3 Answers from Attorneys
Tina Chen
Law Office of Tina Chen
No. If she does not file a Response within 30 days of serving her with the Petition, you can file a Default and proceed to file a Judgment without her signature. If she has already filed a Response, you can file an At Issue Memorandum (look on the Court's website for the form) so the Court will schedule a Status Conference. If she fails to appear at the Status Conference, you can advise the Court she is not cooperating and ask to proceed without her. Good Luck.
Answered on 10/08/10, 12:14 am
Neither spouse can refuse a divorce in any way. Either they can participate in the divorce proceedings or they can default, but either way the divorce goes forward as long as either spouse moves the case along.
Answered on 10/08/10, 11:07 am
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