When you file a divorce petition, you are supposed to serve the paperwork to your spouse. This informs them of your intent to end the marriage and starts the legal process. They have to respond to that divorce petition, and the court will then begin scheduling your court dates.
But that does not mean that your spouse has to respond right away. They actually have 30 days to respond to the petition under California law. You cannot move forward with the case until they do. While there are certainly some who sign the paperwork right away – if it’s an amicable divorce and they just want it to go quickly, for instance – there are others who carefully consider it for weeks. They deserve the full 30 days, if they want it.
What if they don’t respond in time?
If your spouse misses the deadline accidentally or just refuses to sign the petition, you can still get divorced. You just have to ask the court for a default divorce. Your spouse no longer has a say in how things play out. If the default process has begun, even if they try to respond, they may be denied. The court can just grant the divorce without their involvement.
In some senses, though this does make the divorce take longer, it can provide some benefits. It’s more likely that you will get the child custody solution you’re hoping for, after all, because your ex-spouse won’t be in court to contest it. You may also get a more favorable outcome in the property division. Regardless, just be sure you know what legal rights you have and what steps to take.