Can Your Spouse Say ‘No’ When You File For Divorce?

Your spouse does not enjoy the legal right to decide if you can opt for a divorce or not. If your spouse abuses you basically or mentally, his response is expected as he feels there is nothing wrong to be violent with his spouse. However, he or she is nurturing a misconception that the law gives him or her that kind of control to exert.

How does a divorce work?

In such scenarios, or is better for you to hire the services of a good divorce attorney and let him file your divorce petition irrespective of whether your husband has granted permission go ahead with the divorce or not.

Alternatively, you can get in touch with a clerk of your local court and inquire for information how to file a divorce petition if you do not want to hire a divorce attorney. While your former spouse may not be exactly pleased with your right to do so, he or she cannot do anything about your power to divorce him or her. Your case may in a different manner in different states. It is not an unusual phenomenon in a divorce where one of the spouses may not agree to sign the divorce petition so that that it can be referred to as an uncontested divorce,

What is a default divorce?

After you have filed your divorce petition, your spouse has a month to respond up it. In case he or she does not respond within this period, the court will regard the matter as his refusal of an uncontested divorce. The court will enough issue a default divorce in your favor.

However, there are some states where the court may set a further date when your spouse does not respond to the initial divorce filing. While this can be a lengthier process bit in case your spouse is absent on the date set by the court, a divorce will be granted to you on the basis of the information furnished by you in the original divorce petition. If you have hired a local divorce lawyer, he or she will guide and advise you on the steps to be followed in accordance to the jurisdiction of your court. Thus, the bottom line is that it is possible for you to brain a divorce though your spouse refused to sign.

However, you can be certain that although he refused to sign on the divorce papers initially, once you file for it, he or she is also likely to hire a good attorney and may name attempts of abiding you through your Family Court System. So, get ready for a high conflict divorce process. You need to discuss your situation thoroughly to the attorney hired and ensure that you have approached one who has the necessary skills and experiences in handling cases for victims of marital abuse. Additionally, if you feel that there is any kind of danger lurking from his end, be prompt enough to procure a restraining order from your court.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.