California Divorce Cases: Uncooperative Partners
Any person going through a divorce in the State of California can attest to the complexity of the process. Going through a divorce can be extremely stressful and many studies can affirm that. Unfortunately, many people find themselves in a less than amicable divorce, including facing a spouse who refuses to sign the papers once served. In California, however, a divorce can still be finalized whether or not one of the parties refuses to get a divorce. In spite of this, an argumentative and belligerent case can further complicate and prolong the process. If you or someone you know is facing a divorce with an uncooperative spouse, obtaining the support of a skilled family law attorney can be extremely beneficial. Southern California’s RM Law Group, LLP can provide the necessary representation.
Over the years, RM Law Group, LLP, has represented many clients in some of the most contentious divorce cases in California. With multiple offices throughout Southern California, the firm has the tools and resources needed to handle these types of cases. When a spouse is unwilling to cooperate in a divorce, obtaining the support of a law firm with many years of dedicated experience becomes necessary. Consider scheduling your free initial consultation with RM Law Group, LLP today.
Why a Refusal to Sign Divorce Papers Does Not Necessarily Matter
When a person says that his or her spouse is not cooperating with the divorce process, he or she is usually referring to the spouse’s unwillingness to:
- Get a divorce,
- Sign the divorce paper’s Proof of Service, and/or
- Reach an agreement over important issues addressed in the divorce
In the State of California, however, a divorce case can still be finalized whether or not an uncooperative spouse wants to get a divorce, refuses to sign the divorce papers, or refuses to agree on every issue in the divorce.
When the spouse being served divorce papers refuses to sign the Proof of Service, the person (over 18 years of age) serving the papers can sign and date the Proof of Service and the spouse will only need to receive the paperwork. When the spouse refuses to get a divorce, the divorce can still be finalized and if the spouse has been served with divorce papers and did not respond, a “default” hearing can be requested.
A Default Divorce Can Be a Good Thing
Default divorces happen when the spouse was served with divorce papers and did not respond within the 30-day period. When there are no issues in the case, the divorce can be finalized in the six-month and a-day time frame. When there are issues, such as child support or alimony, a default hearing is scheduled solely for the petitioner and the judge will make a ruling on his or her testimony.
These types of cases are common in the State of California and they are usually speedy cases. When the spouse who was served divorce papers contests issues in the divorce, the case will likely end up in trial. A contested divorce can take many months and even years to become finalized, especially when the case involves minor or dependent children.
Retain a Professional Family Law Attorney
Many people believe that when they lack their spouses’ consent for divorce, the divorce cannot happen. This, however, is far from the truth. Although a contested divorce can sometimes take a very long time to finalize, the divorce can still be finalized.
The family law attorneys at RM Law Group, LLP understand that divorces cases can oftentimes be complicated. With their experience and dedication, the firm has the resources needed to handle the most contentious divorce cases in California. Consider scheduling a no-cost initial consultation with the firm to understand more about your rights throughout a difficult divorce.
Jason Martinez is a co-founding partner of RM Law Group, LLP. His practice focuses exclusively on California Family Law and community property division, including litigation and settlement of complex and high-conflict divorce and child custody proceedings. Jason understands that divorce and family law issues have long-term effects on all family members, especially the children.
