Can my spouse stop our divorce? After a petition for dissolution of marriage is filed, spouses may argue over many issues before the divorce is finally granted by the California family court. Issues that may cause contention include property division, spousal support, and child custody. One issue that many people may not consider is whether the divorce should be finalized at all. One recent media story highlights what can happen when one spouse refuses to cooperate with the divorce at all.
Can Refusing to Sign the Papers Stop Our Divorce?
The Kardashian family has repeatedly been in the news for high-profile divorces. For example, mom Kris Jenner recently filed for divorce from longtime spouse and former professional tennis player Bruce Jenner. The most recent story arises from reports that professional basketball player Lamar Odom is refusing to sign divorce papers filed by daughter Khloe Kardashian approximately ten months ago.
Not only does Odom seem unwilling to sign the divorce papers, but representatives for Khloe state that they cannot locate him. This raises the question: what happens when one spouse does not want to finalize the divorce? The answer to that question depends, of course, on each particular situation. In the Kardashian-Odom case, Khloe has two main choices. First, she can dismiss the divorce case completely and agree to remain married; or second, she can file a Request to Enter Default with the family court.
In civil lawsuits, plaintiffs can often obtain a default judgment if the defendant in the case never responds. The same is true for some divorce cases in California. If your spouse does not respond for a certain period of time, and if you meet certain legal requirements, you can request that a court go forward with the divorce proceedings without the cooperation of your spouse. As long as there are no children or property issues, a court can grant a default divorce based on the presence of one spouse. Note that a court will not make important determinations such as custody or child support without both spouses present.
Once you receive a default, you must still wait the required six months plus one day time period before the judge will issue the final dissolution judgment. However, a default divorce can save a significant amount of time and energy by eliminating the need to track down your spouse and convince them to cooperate with the many stages of a divorce proceeding. Because this process is faster than a contested divorce, many spouses may even choose to take the default or uncontested divorce path together if they agree on the terms.
Contact an Experienced Santa Rosa Divorce Attorney for Assistance
Everyone knows that divorcing spouses often disagree on many issues, including whether they should even proceed with the divorce. No matter the unique issues in your divorce, an experienced divorce attorney at the Santa Rosa office of Beck Law, P.C. can help you. We fully understand California divorce laws and how they apply to a wide range of situations. If you are facing divorce, contact our office for help today.