Do both parties have to sign the divorce papers? 8 Answers as of September 26, 2011

It is not absolutely necessary that both parties sign :divorce papers" to get a divorce, but even if one party does not want a divorce, if the other does, the Court will grant a divorce. One party not signing will only make it more difficult and/or costly - it will not prevent a divorce. It would be wise for the party who does not want the divorce to participate in the divorce case, to ensure that the result is a fair result. Otherwise, that party may risk his/her default being entered and the inability of tht party to participate in the case and influence the result.

Only one party has to proceed with a divorce. The consent of the other spouse is not required.

No, a divorce can proceed even if only one person wants the divorce. California is a no fault state which means that it only takes one person to get a divorce. The process is quicker and much more cost effective when both parties cooperate with each other, however a divorce can still be obtained when there is only one person who wishes to cooperate.

One party may proceed with the dissolution. If the other party refuses to participate, a default judgment can be filed.

No, in California both parties are not required to sign. But if one party does not participate the other can obtain a judgment on the terms they are seeking. The spouse that did not want to participate might be stopped from coming back and arguing against the orders made since they did not want to participate.

The judge signs the divorce papers. If both parties agree to sign the papers, it makes it easier, but it is not necessary.

If a party refuses to cooperate with the divorce, the other party can complete the case via "default." I.e., just because one party doesn't want a divorce, he/she can't prevent the divorce by simply refusing to cooperate, assuming the other party proceeds by taking a default of the recalcitrant party.

You do not have to sign an agreement to get divorced, however, if you don't sign, the Judge will still grant the divorce in court. Only one party needs to request the divorce. By signing the papers, if you agree to them, can help you avoid having to appear in court.