Filing for divorce is already an overwhelming process, but when your spouse completely ignores the served papers, it adds another layer of stress to the situation. Then one might wonder if their spouse could hold them stuck in a marriage forever by refusing to cooperate.
The 30-day limit
In California, your spouse cannot block or stall a divorce by choosing to ignore paperwork. Instead, the law moves forward without them through a process known as a true default divorce. Once your spouse is properly served with the initial summons and petition, California law gives them 30 calendar days to file a formal response. If day 31 arrives and they haven’t submitted paperwork to the court, you have the legal right to ask the judge to enter a default.
How does true default work?
By ignoring these papers, your spouse gives up their right to have a say in court regarding property division, debt allocation, spousal support, and child custody and support. When you submit a default judgment:
- You submit your financial disclosure: Even if your spouse refuses to cooperate, you should submit your financial statements to the court.
- You submit your proposed orders: The judge reviews your request based on what you originally checked off in your initial petition.
- The judge signs off: As long as your request aligns with state law and matches your petition, the court will typically grant them.
While a default prevents your spouse from dragging out litigation, it doesn’t bypass California’s mandatory six-month waiting period. Your marriage cannot officially terminate until six months and one day have passed from the date your spouse was originally served.
Your path to freedom
Silence shouldn’t pause your freedom. Even if your spouse refuses to respond, you could still gain independence and protect your legal rights. Consulting with an experienced family law attorney could help you handle your divorce and secure a final divorce decree.