What to do if I am currently in process of divorce but my partner is refusing to complete the paperwork?

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What to do if I am currently in process of divorce but my partner is refusing to complete the paperwork?

I called and asked what can be the hold up but they just tell me that he needs one last document to turn in and he refuses? What are my options? Can I still get the divorce to process with/out his consent?

Asked on October 19, 2012 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

What you were hoping to do was have all the paperwork signed and submit it to court for signature correct?  Now what you have to do is to purchase an index number and actually have him served with a Summons and Complaint and file the affidavit of service with the court. Once the time frame passes for him to answer and he does not you can file for a default against him and obtain an order of divorce.  Speak with an attorney in your area for help.  Good luck.

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You do not have to have the consent of your partner to get a divorce in California.  You are required to give your partner notice.  Once you have given your partner notice and an opportunity to respond, then you can request a setting for a final hearing or trial with the court.  You can do this by working with the court coordinator.  Often just the notice of setting will get the other side to move on their documentation. 


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