As if getting a divorce is not challenging enough, it can lead to additional conflict when one spouse refuses to cooperate. In California, high-conflict divorces require strategic approaches to ensure a fair resolution.
A high-conflict divorce involves intense disputes and emotional turmoil. Common issues include disagreements over child custody, property division and alimony. When a spouse refuses to participate, introducing conflict over the divorce itself, matters can become even more contentious.
Legal steps to proceed
Here are some essential steps to take when dealing with an uncooperative spouse:
- Filing for divorce: In California, you can still file if your spouse is uncooperative by submitting a petition for dissolution of marriage.
- Service of process: You must serve your spouse with a formal notification – if they evade service, consider alternative methods like service by publication.
- Default judgment: If your spouse fails to respond within 30 days, you can request a default judgment, allowing the court to proceed without their input.
Following these steps can help you move ahead with the divorce process despite your spouse’s lack of cooperation.
Protecting your interests
If you expect resistance, conflict or even lack of divorce participation, self protection is vital. Taking these two early steps can help.
- Documentation. Keep detailed records of all interactions with your spouse, including emails, text messages and financial documents.
- Safety measures. If your spouse is abusive or threatening, seek a restraining order to protect yourself and your children.
These measures can safeguard your interests and well-being during the divorce, if things take a risky turn.
An experienced legal representative can help you manage the potential complexities of your conflict-filled divorce while protecting your interests.