Divorce can be tough under the best of circumstances, but when the spouses don’t see eye to eye on key elements, things can get especially tricky. In California, the legal term for divorce is “dissolution of marriage,” and the state has specific rules about how this can work. The good news is that California is a “no-fault” divorce state, which means you don’t need to prove your spouse did something wrong to end the marriage. This makes it possible for a divorce to happen even if one spouse disagrees, but you will need the help of a divorce lawyer in San Mateo if you’re facing irreconcilable differences with your spouse, whether those are about certain elements of the divorce or even about getting a divorce at all.
Can a Divorce Be Finalized Without Both Parties Agreeing?
In an ideal situation, both spouses agree on all aspects of the divorce, like dividing property, paying spousal support, and arranging child custody. This is called an uncontested divorce, and it’s the fastest and cheapest way to get the process done. All you have to do is submit a signed agreement to the court.
But if one spouse refuses to agree on these issues or even to agree to get divorced at all, the case officially becomes “contested.” In a contested divorce, the court usually has to step in and make decisions for the couple. It can be difficult when the court has to do this, but ultimately the court does not require that both parties consent for the divorce to be finalized. If one party files for divorce and insists on going through with it, the marriage can be dissolved even if the other party resists. Here’s how it works.
Filing Without Agreement
To start a divorce in California, one spouse files a Petition for Dissolution of Marriage with the court. This document outlines their requests, like how they want to split assets or handle custody. The other spouse is then served with the petition and has 30 days to respond. If they don’t respond, the court can proceed with a “default judgment.” A default judgment usually means that the case moves forward based on all the requests of the filing spouse.
While this does not mean the other spouse loses all their rights, it does mean they have lost the chance to present their side of the story. While the court will still follow California law, which means that the spouse requesting divorce can’t just have anything and everything they want, the terms of the divorce will tend to favor of the filing spouse if the other spouse refuses to take part in the process.
Challenges in Contested Divorces
If both parties agree to get divorced, but what they can’t agree on is how their assets should be divided, how child custody should be arranged, or about issues of child support or spousal support, the divorce can drag on for quite a long time and cost a lot. The court is likely to require the couple to get mediation at some point, where they will meet with a third party who will help them to negotiate.
There will also likely be a number of hearings and perhaps even a trial, and at every step, both sides will have to gather their evidence, share it with the other side in discovery, and then present that evidence convincingly to support their case. If, in the end, the couple simply cannot come to agreement on an issue, the judge will make decisions based on what he or she deems fair under California’s community property laws. California’s laws generally split all marital assets 50-50 in the absence of clear evidence suggesting that this is unfair.
How Courts Handle Non-Cooperation
If a spouse goes beyond just disagreement and actually tries to stop the divorce by refusing to sign papers, ignoring court notices, or not showing up for hearings, rest assured that this can’t actually stop the divorce removing forward. As mentioned above, if the initial petition doesn’t get a response within 30 days, the filing spouse can request a default judgment.
If the non-cooperative spouse tries to engage with this judgment later and ask the court to set it aside, it may be possible, but they will have to present a very valid reason for it. “I changed my mind and now I want to cooperate” isn’t enough. They would have to, for example, be able to show that they were not notified properly of the original petition. The court will not allow one spouse’s resistance to indefinitely delay the process, though their resistance certainly can make the process more difficult and time-consuming than it would otherwise be.
How a Divorce Lawyer in San Mateo Can Help
Hiring a lawyer when a spouse refuses to cooperate can make a significant difference. Since the lawyer will fully understand all the state’s divorce laws, they can guide you through the process as quickly as possible. They can help you prepare and file all the necessary documents so they meet court requirements and there’s no need to redo anything. They can also help you fight back against attempts to delay, particularly if they’re unreasonable, and help you gather the evidence that you need to support your case.
During hearings and trials, your lawyer will present your side clearly and counter any arguments from your spouse. They can also negotiate with your spouse’s attorney and represent you in mediation, and sometimes this can go a long way towards resolving disputes. If you and your spouse don’t have to be in the same room together, it’s sometimes easier to get things done. Above all, the expertise that your lawyer brings us to this process can allow you to avoid any mistakes that might delay your divorce unnecessarily.
Practical Steps to Speed Up the Process
If your spouse won’t cooperate, there are some practical steps you can take to move the divorce forward as quickly as possible:
File and Notify Promptly
First, file the divorce petition promptly and ensure your spouse is properly served. Work with your lawyer to confirm delivery of your divorce notice to your spouse, as this confirmation starts that 30-day response clock. If your spouse doesn’t respond, ask your lawyer to be prepared to file for a default judgment immediately on the 31st day, as this can speed things up.
Have All Evidence Ready to Go
The second thing to do is to make sure all your evidence is gathered and ready to go. This will prevent there from being any unnecessary delays either in negotiations or in hearings. Your lawyer will help you understand exactly what evidence you need and make sure that it’s all compiled in an orderly fashion.
Be Open to Mediation
It might seem counterintuitive to think about starting a mediation process as a way of speeding up your divorce. Surely it would be faster to just get straight to court? But if your spouse doesn’t ignore your initial petition but comes back with a counter petition and is inclined to fight, mediation can actually speed up the process by removing some of its adversarial aspects.
Divorce is never easy, but having an experience lawyer to make a big difference. Reach out to us now at the Seeley Family Law Practice for help in San Mateo and the entire Bay Area.