Los Angeles Divorce Lawyer

There seems to be a misconception in the general public that you can only obtain a divorce in Los Angeles, California if your spouse will sign the divorce papers. Rather, the process for divorce in California is as follows:

• Residency requirement - You or your spouse must reside in the State for at least 6 months prior to filing the petition and in the County for 3 months prior to filing the petition.
• Filing - When you file a divorce petition, you have to serve your spouse with the summons and petition. There is a specific way this needs to happen, so contact our office to learn more.
• Response - Your spouse then has 30 days to file a response after being served with a divorce petition. If your spouse fails to file and serve you with a response, you can file a request for default against your spouse after 30 days. You can also file a proposed judgment for the court to approve. The default procedure can be done even if there are issues of property division, custody, visitation, and support. However, the Court will still review your proposed judgment and property division to make sure it conforms to the policy towards an equal division of community property.
• Settlement or trial - The only time you may need your spouse’s signature is if your spouse files a response to your divorce petition. This is called "contesting" the divorce. If your divorce is contested by your spouse, you can resolve the case either by "settlement" or by "trial."

You do not have to settle all the issues in the case at once. Under the concept of divisible divorce, you can settle some of the issues and set the other issues which you and your spouse cannot agree on for trial.

For issues that you and your spouse cannot agree on, you will have to go through the litigation process which involves obtaining discovery, exchanging declarations of disclosures, and preparing the case for trial.

What Happens if Your Spouse Refuses to Sign Divorce Papers?

In California, a divorce can proceed even if one spouse refuses to sign the divorce papers or participate in the process. As a no-fault divorce state, a filing spouse can obtain a divorce without the other spouse's consent. 

If the non-filing spouse does not respond to the divorce papers within 30 days, the filing spouse can request a default judgment, allowing the divorce to move forward without their participation.

If the non-filing spouse actively avoids being served, the filing spouse may need to take additional steps, such as hiring a professional process server or seeking court permission for alternative service methods. 

While the divorce can continue without the non-filing spouse's signature, contested issues like child custody, support, and property division may complicate matters, requiring the filing spouse to present evidence and arguments to the court for resolution.

How Our Experienced Los Angeles Divorce Lawyers Can Help

While Attorney Reyes has extensive experience and knowledge in the field of family law, his background as a CPA (Certified Public Accountant) further enhances his legal ability. This is because many issues involved in family law cases are of a financial nature.

With his experience as a CPA, our founder is able to bring skills to the table that other attorneys may not have to offer. More than anything, we want you to get through your divorce as painlessly as possible, and move on to a brighter future. 

No matter what your situation entails or how difficult things may seem, we are here to help you. Don't hesitate to see how our skilled legal team at the Law Offices of Kenneth U. Reyes, APC can be of service to you. Set up your appointment today!