An Advocate In Family Law Cases

Can you get a California divorce without spousal cooperation?

On Behalf of | Feb 2, 2025 | Divorce

Ending a marriage is challenging and emotionally draining even when things proceed smoothly. When one spouse refuses to cooperate, challenges and psychological trauma typically increase.

Contrary to common belief, you can proceed with a divorce even if your spouse refuses to participate. 

California divorce laws

California is a no-fault divorce state, meaning you need not prove spousal wrongdoing to obtain a divorce. You can cite “irreconcilable differences” as the basis for divorce, which may make it easier to proceed without spousal cooperation. Courts do not require both parties to agree on the divorce.

Serving divorce papers

After filing for divorce, you must officially notify your spouse of the proceedings. If their location is unknown or they remain uncooperative, you may need to employ alternative methods of serving divorce papers. 

Options include hiring a professional process server or obtaining court permission for “service by publication.” The latter involves publishing a notice in a newspaper or other publication.

Default judgment

If your spouse fails to respond to service within the specified time frame (usually 30 days), you can request a default judgment from the court. This means the court may proceed with the divorce without your spouse’s input, and you may be granted the terms you requested in your initial filing.

Once the court grants a default judgment, you will need to complete any remaining paperwork and attend a final hearing if required. After this, the court will issue a divorce decree, officially ending your marriage.

There are many obstacles that can arise when a spouse refuses to cooperate, including the possibility of active interference with the divorce. Guidance from someone familiar with California family law can help you protect your interests.