Going through a divorce is never easy, and things can be even more stressful if your spouse refuses to sign the papers. In California, divorce doesn’t need both people to agree, but it can still feel confusing trying to move forward alone. Waiting for your spouse to act can be frustrating, especially when nothing seems to happen. We handle uncontested and default divorces for clients throughout California, including Burbank.
Luckily, California offers a legal path forward when one spouse stays quiet. A default divorce lawyer can help guide that process so you’re not left stuck or unsure. We provide this support with transparent flat-fee pricing for uncontested and default divorces, so you know the total cost upfront. If your spouse won’t respond or refuses to participate, there’s still a structured way to move things ahead. Let’s break down what happens next and what to expect if your spouse doesn’t take any steps after being served.
How Divorce Works in California When One Spouse Doesn’t Respond
In California, divorce is based on a no-fault system. This means that either person can choose to end the marriage, and both sides don’t need to agree on everything from the beginning. If papers are served to one spouse and they don’t file a response within the required time, the court may move the process forward without their participation.
Here’s what typically happens in that case:
• The responding spouse (the one who was served) has 30 days to file a response after being served divorce papers
• If that time passes with no response or action, a default case can move forward
• Before continuing, the court may give extra time or instructions to make sure all legal requirements were met
The key is that silence from one person does not prevent the divorce. It simply changes how the case moves forward and how decisions are made. A judge can still issue final decisions, but it becomes a one-sided case based mostly on what the filing spouse requests.
Steps to Take If Your Spouse Refuses to Participate
If your spouse is avoiding the process, it can be tempting to stall or guess at what to do next. But once you’ve filed the initial forms and served them properly, there’s a clear path to follow if no response comes in.
Here are the steps most people take next:
1. Wait 30 days after serving your spouse before filing anything new in court.
2. If no response is received, complete and file a request for default with the court.
3. Include a proposed judgment that outlines what you are asking the court to approve.
This process lets the court know your spouse had the chance to participate and chose not to. A judge can then make decisions based on the paperwork you’ve provided. If children, property, or financial issues are part of the case, there may be a hearing before the divorce becomes final.
What the Court Looks For in a Default Divorce
Just because your spouse doesn’t show up doesn’t mean the court skips all checks. Judges still want to see that the proper steps were followed and that the requests you’re making are fair under California law.
A few things matter during this stage:
• Proof that your spouse was properly served and had a full 30 days to respond
• Clear filings that explain what you’re asking for, from custody to asset division
• Your attendance at a short hearing, which may be required to answer any questions
This is where being prepared can make a big difference. A default divorce lawyer can help make sure forms are complete, timing is correct, and all deadlines are on track. Courts are careful when only one side is participating, so the more organized you are, the smoother the process tends to go.
What You Might Still Need to Prepare
Even without your spouse participating, there’s still work to do on your end. The court may rely on your paperwork and statements to make important decisions, which makes good preparation key.
Here’s what you’ll want to have in order:
• Financial paperwork that’s accurate and up to date, including income, assets, and debts
• A clear written proposal about property division, parenting plans (if kids are involved), and any support requests
• Copies of every form you’ve filed or received, so everything lines up and nothing is missing
Think of it like telling your side of the story on paper. If your documents are clear and organized, the judge has a better chance of seeing what you’re asking for and why. As part of this process, we can help you prepare a detailed Marital Settlement Agreement that addresses property, support, and parenting arrangements, so your terms are clearly documented.
Peace of Mind When the Process Feels One-Sided
Going through divorce is already an emotional process, but doing it while your spouse refuses to engage can bring a new level of stress. It can feel like you’re doing everything alone or like the system won’t move without them. But California law gives you a way forward, even when they say nothing at all.
The important thing is knowing that there are rules and timelines built into the system for situations just like this. By understanding what’s ahead and taking steady steps, you can keep moving toward closure. Having the right support early on can help the process feel more manageable and give you some peace of mind.
Facing a divorce in Burbank and struggling with a spouse who won’t respond or sign the papers can be overwhelming. Working with a default divorce lawyer gives you the guidance and support you need to keep your case moving, even when communication has stalled. At Sapphire Legal Solutions, we help you move forward with focus and care. Reach out to us today to discuss your next step.