Can I get a divorce without spouses consent in California?

I live in California and I am the petioner of a divorce. The respondednt did respond within the 30 days and that was 2 years ago but now refuses to cooperate any further. Saying she wont sign anything or go to court. I have done all that I can do on my behalf. She has yet to do a declaration of disclosure and threatens that even if she did she would not appear at the mandatory conference and trial. Is their anyway to get the divorce without her consent? We have no debts or porperty, neither asking for any type of support and she has physical custody of our son. I have not seen her or my son in over two years and Ive been in another relationship for about 2 years as well. The respondent is just being vindictive, what do I do?


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436 thumbs up

And how are you feeling today?

Truthfully, the best thing you can do is hire an attorney who will expedite this matter on your behalf. Not only will hiring an attorney show your soon-to-be ex-wife the seriousness of this matter (as up to this point, it seems she thinks it's just a game), but it will also force her to appear in court if she wants to continue having custody of your son. You can find an attorney through the American Academy of Matrimonial Lawyers website. Either way, whether she shows up for court or not, you will be granted a divorce.

Also, if you are interested in seeing your son again, an attorney can help you file the necessary paperwork to force your soon-to-be ex-wife to allow you visitation or joint custody. Best of luck.


Posted 3 months ago ( permalink )
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walter.davis08 was invited by Yedda to answer this question.

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sjs
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Seek advice from the Legal Aid Clinic or hire an attorney but they cost by the hour at $500-1500 per court date. I suggest you go back to the court and setup a meditation conference. This way she has to abide by it. I got divorce in California. It was easy but my ex didn't respond. She's responding but its proof to the judge that she accepted the court documents. Now, just go to the Family Law Faciliator office and they can assist you as well about seeking an appointment for the meditation. She's violating a lot of laws one particularially is the IRS. She's probably claiming which she can as a married woman. Even if you have no debts she can ruin your credit report. I say go and do what you have to do. Try getting Attorneys that are Hispanic or the ones that are from Mexico. They charge very cheap. I called one in my area who charged $75 for a contempt of court filing but not sure about the going into court. Hope this helps. You can write a letter to the judge but I say go to the Family Law Office located inside the courthouse or the meditation office also inside the courthouse. The meditation also known as the conference portion of a divorce will help you more.


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