California divorce laws differ from those of some states. Here’s more information about the procedures to follow if your spouse didn’t show up for divorce court in California.
If a spouse does not respond to a divorce petition, the court can end the marriage without the spouse present. As long as one person in the marriage is petitioning for divorce, the court is allowed to terminate the marriage, regardless of what the other spouse wants. California courts can legally end a marriage six months after the divorce petition is filed.
California is considered a “no-fault” state, spouses are not required to provide evidence of the other spouse’s wrongdoing when filing for divorce. Some wrongdoings may include physical or verbal abuse.
Divorce Court Procedures in California
Related: Divorce FAQs in California
To complete a divorce in California, the individual must:
1. Meet the requirement for California’s divorce residency.
In order to qualify for divorce in California, at least one person in the marriage has to be a legal California resident.
2. File the petition for Divorce.
Also known as a petition for dissolution, the divorce packet requires both parties to identify their individual and shared assets, basic background information, and other financial disclosures. The spouse who files the divorce first is legally recognized as the petitioner and the other spouse is recognized as the respondent; however, a spouse’s classification as “petitioner” or “respondent” does not affect their rights in California divorce proceedings. The date the petition is filed marks the couple’s date of legal separation, meaning neither party will accumulate community property.
3. Serve your spouse.
Serving your spouse signifies formally advising the respondent about the commencement of a legal divorce case, as well as providing the respondent with all filed legal documents. If divorce papers are served by mail, the respondent must sign and return a document to the petitioner indicating notification of divorce.
Related: How to Serve Divorce Papers in California
4. Wait for a response.
Once informed, the respondent has 30 days to complete and file the response forms with the court clerk. If the respondent does not reply in the given timeframe, the court has the authority to issue a default judgment against the respondent. A default judgment means the respondent legally cannot voice their preferences in family law matters.
5. Reach a settlement.
If the respondent deferred the default judgment option, both parties may seek divorce mediation in order to settle shared and individual asset disputes. Collaborative divorce requires a selection of professionals to advocate for each party, including mental health professionals and divorce coaches.
Ultimately, the result and nature of divorce will depend on you and your spouse’s ability to negotiate peacefully.
6. Obtain a final judgment.
The uncontested or contested divorce process concludes when each party settles divorce terms. The judge must review the plans of both parties and assure proper filing of the forms. The judge may then make a final divorce judgment, indicating the conclusion of the divorce process.
Contested Divorce Process
A contested divorce process occurs when the petitioner files for divorce and the respondent fills out the response but disagrees with the claims. Prior to attending court, couples should consider mediation. During mediation, couples can resolve matters between each other rather than leave decisions to a judge.
If both parties cannot come to an agreement, either the petitioner or the respondent must arrange a trial date. Most courts also require both parties to attend a settlement conference prior to trial. At least 45 days prior to the trial date, both parties are required to exchange or waive the final declarations of disclosure. Some forms are necessary in order to prepare a final declaration of disclosure:
- Declaration of Disclosure
- Schedule of Assets and Debts or a Property Declaration
- Income and Expense Declaration
Related: Contested and Uncontested Divorce: The Difference
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If you or a loved one would like to know more about what to do if your spouse does not show up for divorce court in California, get your free consultation with one of our divorce attorneys today!