When getting a divorce, you have to file paperwork and then serve a divorce petition to your spouse. If the two of you have already discussed this, they may know that it’s coming and it’s just a technical step that the two of you have to take. They will probably sign the divorce petition relatively quickly so you can get the process moving forward.
But there are other cases in which your spouse may not sign right away. Maybe they don’t want to get divorced, so they are unwilling to sign. Maybe they’re surprised that you’re filing for divorce, so they just need some time to think about it and get their head around this new reality. Either way, how long do they have to sign the paperwork and get it back to you?
They have one month under California law
All states have their own regulations when it comes to responding to a divorce petition, and California law gives people 30 days to do so. You cannot move forward with the divorce until your spouse responds.
But what happens if you reach the 30-day deadline and they still haven’t done so? Then you have other legal options. Notably, you can ask the court to grant you a default divorce. Your spouse will not be involved with the process – even when splitting up assets or dividing time with children.
That’s why it’s a risk for them to miss the deadline, but don’t assume that it means you can’t get divorced. You can still get divorced without your spouse’s cooperation by using the default option.
As you can see, it’s very important to understand all the legal options you have when filing for divorce in California.
