When you file a divorce petition, the paperwork then has to be served to your spouse. This indicates to them that the divorce is on the horizon and that the legal process is underway. It gives them a chance to respond to the petition. For instance, you may be seeking sole custody, so your spouse wants to be involved in the process to defend their own custody rights and advocate for shared custody.
In California, a person has 30 days to respond to a divorce petition. So your spouse does get some time to consider the paperwork, and your divorce case cannot technically begin until they have responded, whether that takes them 10 minutes or the full 30 days.
But what happens if they do not respond at all? Does that mean you cannot get divorced?
A default divorce
Do not worry, it does not mean that it is impossible for you to get divorced. You simply have to wait out the 30-day deadline. They still deserve the full amount of time to respond, even if you are having trouble contacting them and you do not believe they are going to answer the petition.
But once they do exceed that time limit, then you can ask the court for a default divorce judgment. Essentially, the court puts aside your spouse’s participation and moves forward with the divorce, with only you present at hearings and court dates. In some cases, this may actually mean that you get a more favorable outcome because your ex is not there to contest your decisions or requests.
A divorce with a spouse who refuses to cooperate or respond can be a bit more complex, so it is imperative that you understand all of your legal rights.