What to do if I am currently in process of divorce but my partner is refusing to complete the paperwork?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.