Divorce is rarely a celebration, especially if one spouse does not want to end the relationship or, at least, does not want to complete the legal separation process. If you or your spouse are considering divorce contrary to the other’s wishes, you may wonder, What happens if I refuse to sign the divorce papers? What happens if they refuse?
This article explores the general outcome of a spouse refusing to sign divorce papers. Every marriage is different, however. For advice about available options, contact the compassionate staff at the Law Offices of Ali Yousefi, P.C. We can assist you throughout the divorce process, regardless of which spouse files.
Divorce in California
Understanding the consequences of refusing to sign divorce papers begins with understanding how divorce works in California. When two people marry, their lives become legally intertwined. If they later divorce, they need to disentangle their lives with respect to:
- Property,
- Care of children, and
- Any issues of domestic violence.
A divorce may also address post-divorce spousal support.
Property Division
In California, property that either spouse acquires after they marry is generally community property. Spouses may also hold separate property, typically limited to property acquired:
- Before marriage;
- Through gifts, wills, and inheritance; and
- As rents and other profits from separate property.
You can also agree to keep property separate in writing.
Debts you acquire during marriage are generally community debts subject to division. Student loans are usually excluded, however.
The court typically divides property evenly unless:
- The spouses agree to a different distribution in writing or court;
- Community debts exceed community property;
- Economic circumstances warrant uneven specific distribution to effect a substantially equal overall division;
- A spouse deliberately misused community property;
- One spouse owes the other civil damages related to domestic violence; or
- Unequal distribution justly provides for shared children.
A court may also order reimbursement for one spouse’s contributions to another obtaining or improving separate property or receiving training or education.
Caring for Children
Typically, parents share joint legal custody after a divorce, which grants each parent the right to make decisions about the child’s life. One parent is often the custodial parent—the child primarily lives with them, and they have physical custody. The parent the child does not live with generally has visitation rights.
Both parents have a duty to support their minor children. To meet this duty, the noncustodial parent typically pays child support according to California law and information provided by the parents about their resources and income.
Domestic Violence
Protective orders are initially temporary, and the court may issue them without first notifying the allegedly abusive spouse. For a protective order to become permanent, the allegedly abusive spouse must have an opportunity to defend against the order in court.
Spousal Support
Courts may order, or spouses may agree to pay spousal support. The court considers several factors in deciding whether to order spousal support, like each spouse’s:
- Unique needs and ability to pay,
- Earning capacity,
- Ability to maintain the established standard of living,
- Contributions and support provided during the marriage, and
- Separate property and liabilities.
The needs of minor children, any history of domestic violence, and the length of the marriage may also come into play.
Steps in the Divorce Process
Assuming one spouse is refusing or may refuse to sign the divorce papers, the steps of a contested divorce are as follows:
- One spouse files for divorce;
- The spouse who files (“plaintiff”) serves divorce papers on the other spouse;
- The other spouse (“respondent”) provides a response to the filing within 30 days;
- The respondent spouse serves the response on the plaintiff spouse;
- The spouses work to reach divorce terms;
- A six-month waiting period passes after filing; and
- The court issues a divorce decree.
When the plaintiff files, they typically explain how they would like the court to rule on common issues. The respondent can agree or disagree, but both spouses must provide detailed financial information.
What Happens If I Refuse to Sign the Divorce Papers?
If, within 30 days of being served, the respondent does not sign divorce papers, the plaintiff may request that the judge grant a default divorce. In short, a default divorce means you miss the chance to present your side of the story. The court only has the details the filing spouse provides, which may result in, for example, that spouse:
- Getting primary or sole custody of children,
- Receiving property the other wants,
- Have a permanent protective order against you,
- Keeping more than an equal share of community property, or
- Setting the schedule of when and where the spouses see their children.
The six-month waiting period still applies to a default divorce, so these provisions may not go into effect immediately.
Yet, if you are considering refusing to sign or your spouse is refusing to sign, you cannot prevent the divorce that way. You just give up your ability to present your side of the story.
Contact the Law Offices of Ali Yousefi, P.C.
Whether you need help responding to divorce papers, filing for divorce, or requesting a default judgment, the Law Offices of Ali Yousefi, P.C. can help. Our award-winning staff is compassionate and dependable, and we are here to advise you on the practical options in your specific situation. Contact us today.