March 29, 2024, In Divorce
Our Los Angeles family law attorney at WHITMARSH FAMILY LAW, PC, knows not all California divorces go as planned. Few do.
However, some get off to a rockier start than most when one spouse doesn’t respond to the divorce petition. Our Los Angeles County divorce attorney can help you understand why you do not have to wait for a response that may never come. You have options.
Is My California Divorce Placed on Hold Until My Spouse Responds to the Divorce Petition?
In California, your divorce is not automatically placed on hold if your spouse does not respond to the divorce petition within the specified timeframe. Instead, the divorce process can continue even if your spouse does not file a response.
If your spouse fails to respond to the divorce petition within the allotted time — 30 days after being served within California or 60 days if served outside California — they are considered to be in default.
This means they have waived their right to participate in the case and contest the divorce. In such cases, we can proceed with the divorce by filing a Request to Enter Default with the court. Once the default is entered, we can finalize the divorce by submitting the required forms and documentation to the court, including a proposed Judgment of Dissolution of Marriage.
The court will review the documents and issue a final judgment officially terminating the marriage.
Our Los Angeles Divorce Attorney Can Help You Expedite the Process
If your spouse is purposefully not responding to your request for a divorce, we can file an office California divorce petition on your behalf — and ensure it is properly served to obtain proof of its receipt — so we can start the clock and await a response. If they ignore the petition, we can proceed with the divorce proceedings without their involvement.
Contact our skilled family law attorneys in Los Angeles County at WHITMARSH FAMILY LAW, PC, by calling (310) 552-3505 to schedule a free consultation today.
We can help provide solutions that produce results.
