One of the most common misconceptions about divorce is that you need your spouse’s permission. So the question comes up constantly: do both parties have to agree to a divorce in California? The answer is no. California law does not require both spouses to agree, and one person cannot trap the other in a marriage by refusing.
California is a no-fault state
Because California is a no-fault divorce state, a spouse only has to state that there are irreconcilable differences — there is no requirement to prove wrongdoing and no requirement that the other spouse consent. So when someone asks whether do both parties have to agree to divorce, the law is clear that a single spouse can obtain a dissolution over the other’s objection.
What happens if your spouse refuses to participate
If your spouse will not sign or respond, the divorce still moves forward. After your spouse is properly served and the response deadline (generally 30 days) passes without a filing, you can request that the court enter their default and proceed to judgment without them. Their refusal to participate does not stop the case; it mainly means the court decides the issues without their input.
Disagreement is not the same as blocking
It is worth separating two things people often confuse. Your spouse cannot block the divorce itself — that will happen regardless. But they can disagree about the terms, such as custody, support, or how property is divided, and those disputes are what make a divorce contested and require the court to decide them. In other words, you do not need agreement to get divorced; you need agreement (or a court ruling) on the terms. Furubotten Law, APC can guide you through either path.
Talk to Furubotten Law
Every page on this site ends the same way it began: with a real lawyer. If you are navigating any of the issues discussed above, Denise Furubotten, Esq. brings 30 years of California family law experience to your matter. Call Furubotten Law, APC at (714) 795-3862 to schedule a confidential evaluation.