When Your Spouse Refuses Divorce Papers

Filing for divorce is already a big step, but what happens when your spouse refuses to accept the papers? Many people worry that a spouse can block or delay the divorce process simply by refusing to cooperate. The truth is that while it may take some extra steps, the court does not allow one spouse to completely prevent the divorce from moving forward. Contacting us today to work with our Stanislaus County, CA divorce lawyer might be your best option!

Service Of Divorce Papers

In California, once a petition for divorce is filed, the other spouse must be properly served with the paperwork. Service means delivering the documents in a way that meets legal standards. A neutral third party, such as a process server, sheriff, or another qualified individual, usually handles this step. Proper service gives the other spouse notice that the case has been started and gives them an opportunity to respond.

What Refusal Means

Sometimes a spouse may try to avoid service by refusing to accept the papers or by avoiding contact altogether. In other cases, they may receive the documents but simply choose not to respond within the required time. A refusal does not stop the process, but it can affect how the case proceeds. The law is designed to prevent one spouse from holding the other in marriage against their will. Several reasons exist for why a spouse may try to refuse a divorce, including if high assets are involved.

Default Divorce

If the spouse does not respond within thirty days after being served, the petitioner can request what is known as a default divorce. This means the court may move forward without input from the non-responding spouse. The judge can issue orders on property division, child custody, support, and other matters based on the information provided by the filing spouse.

Other Service Options

When a spouse actively avoids service, the court allows alternative methods. For example, if a process server has made repeated attempts without success, the court may approve service by mail or even service by publication in a newspaper. Sometimes, though, even mediation can be enough to resolve the issue. Our attorney is certified by the State Bar of California Board of Legal Specialization, and he understands that there can be many paths to resolution, including outside of litigation.

Moving Forward With Confidence

It is common for people to feel discouraged when their spouse refuses to cooperate, but it is important to know that the legal system provides solutions. The process may take more time and effort, but it does not leave you without options. However, there can be many key benefits when working with our legal team.

Talk To Us About Your Case

If you are ready to move forward with divorce but your spouse is refusing to participate, we can guide you through the process and make sure the right procedures are followed. Contact Attorney Bernie today to schedule a consultation and take the first step toward resolving your situation. We’re proud to have many positive reviews from satisfied clients, and it’s always our goal to help!