Can I get a divorce if she will not sign the divorce papers in California? 9 Answers as of November 29, 2010

I filed all paper work. All agreements have been signed. All that is left is for her to sign divorce papers and she will not. Can I still get divorce, and are all deals I gave her no good anymore?

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Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
Yes, you can ask the court to enter the divorce without her signature. If the "deals" are in the form of a court order, then they are still effective. If there are included in a marital settlement agreement which accompanies the divorce, then they are invalid unless she signs off on the divorce papers.
Answer Applies to: California
Replied: 11/29/2010
Diana K. Zilko, Attorney at Law
Diana K. Zilko, Attorney at Law | Diana K. Zilko
You can still get a divorce, you will just have to seek a court order if she refuses to sign the agreement. The deals you made may, or may not, be good depending on if the court agrees. If you have any further questions, please let me know.
Answer Applies to: California
Replied: 11/23/2010
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Yes you can without her signature. Contact an attorney or paralegal to finish the dissolution.
Answer Applies to: California
Replied: 11/23/2010
The English Law Firm
The English Law Firm | Robert English
You can get a divorce without her consent. You may need to ensure that she has been properly served and then seek a default. The deals may be out the window.
Answer Applies to: California
Replied: 11/22/2010
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
Yes, but you need to get a hearing date to finish the case.
Answer Applies to: California
Replied: 11/22/2010
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    There are only two ways to resolve any divorce issue: (1) mutual agreement, (2) judge's order.

    If your wife refuses to sign an agreement, then you have no agreement (on any issue). In the event of her continued refusal to enter into any agreement, then for any issue other than custody/visitation and child support, you will need to go to trial. If you need a judge's order on custody/visitation or child support, then you will go to a "hearing" on what is called the "Order to Show Cause" calendar. There is a legal process to get to either a trial or a hearing on custody/support, which cannot be explained in a short paragraph. If you would like further assistance, please feel free to contact my office.
    Answer Applies to: California
    Replied: 11/22/2010
    Maclean Chung Law Firm
    Maclean Chung Law Firm | David H. Chung
    Yes you can. She is not required to sign any paperwork in California for you to get a divorce. You only need to serve her. After that you can proceed with an uncontested divorce.
    Answer Applies to: California
    Replied: 11/22/2010
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    If your wife will not cooperate in settling the case, you will instead need to have the court resolve the case. If she didn't file a Response to your Petition, you can file to take her default and proceed by way of default judgment [certain documents need to be filed and served in order to accomplish that]. If she filed a Response to your Petition, you will need to set the matter for trial. In any event, in order to get a Judgment, you will need to prepare and serve your Preliminary and Final Declarations of Disclosure if you have not already done so.
    Answer Applies to: California
    Replied: 11/22/2010
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