What Happens If Your Spouse Refuses to Sign Divorce Papers in California?

One of the most persistent misconceptions about California divorce law is that a spouse can prevent a divorce by simply refusing to sign papers or cooperate with the proceeding. This is false. California is a no-fault state, and one spouse cannot legally block the other from obtaining a divorce. A spouse who refuses to participate in the divorce proceeding does not prevent it — they simply lose the opportunity to have input on the outcome.

No Signature Required for Divorce in California

Under Family Code §2310, either spouse may obtain a dissolution of marriage based on irreconcilable differences — without the other spouse's agreement, cooperation, or signature. The filing spouse (petitioner) files the petition; the other spouse (respondent) is served. From that point, the respondent has 30 days to file a response. If they do not respond, the case proceeds to default.

What Happens When the Respondent Does Not Respond

If a respondent fails to file a response within 30 days of being served, they are in default. The petitioner can then file a Request to Enter Default (FL-165), which formally places the respondent in default. From that point, the petitioner proceeds without the respondent's participation — they submit the required financial declarations, a proposed judgment, and any other required documents, and the court approves the judgment without a contested hearing.

A default does not mean the petitioner receives everything they ask for. The court still reviews the proposed judgment for compliance with California law — equal division of community property, guideline child support, and legally sound custody arrangements. A proposed judgment that deviates significantly from California law will not be approved even in a default case.

Service — Getting the Papers to a Refusing Spouse

Before a default can be entered, the respondent must be properly served. A spouse who refuses to sign divorce papers may also be difficult to serve. California allows several methods of service when personal service is difficult: substituted service (leaving papers with a person of suitable age at the respondent's home or workplace and mailing a copy); service by publication (publishing notice in a newspaper after the court authorizes it, for cases where the respondent cannot be located); and in some circumstances, service by electronic means when the respondent is actively evading personal service.

If you know where your spouse is and they are simply avoiding the process server, a professional process server with skip-tracing capability can typically accomplish service. If your spouse has genuinely disappeared, your attorney can pursue service by publication after demonstrating due diligence in attempting personal service.

The Respondent Who Participates But Refuses to Sign the Settlement

A different situation arises when the respondent files a response — participating in the proceeding — but refuses to sign a settlement agreement. In this case, the case is contested and must proceed to resolution through negotiation, mediation, or trial. The court will decide the disputed issues at a hearing or trial. The respondent cannot prevent the court from entering a judgment — they can only require that the judgment be determined by a judge rather than by agreement.

A contested divorce is more expensive, more time-consuming, and less certain in outcome than a settled divorce. But it produces a legally binding judgment regardless of the respondent's willingness to cooperate.

Setting Aside a Default — The Respondent's Options

A respondent who defaulted — by failing to respond in time — may seek to have the default set aside under Code of Civil Procedure §473 if they can show mistake, inadvertence, surprise, or excusable neglect. Courts are generally liberal in setting aside defaults early in the proceeding when the respondent acts promptly and there is no prejudice to the petitioner. A respondent who allows a default to be taken and a judgment to be entered has a much harder time having it set aside — and must act within six months of the date the judgment was entered.

Serving Orange County and Riverside County Clients

Furubotten Law, APC handles both default divorce proceedings and contested cases where the other party is uncooperative. Call (714) 795-3862 to discuss how to proceed when your spouse will not participate.