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When a spouse refuses to sign divorce papers, the spouse seeking a divorce will need to obtain what is called a contested divorce. To file a contested divorce, the party who wishes to obtain the divorce must file a petition in the family court in their jurisdiction.
Contested divorce When the spouses cannot agree on all the issues in a divorce. Contested divorces can take one or two years to finalize, depending on the situation.
Provided all the necessary papers are completed and filed in a timely manner, couples can get a divorce as quickly as eight weeks or as long as one year. Once all the necessary papers have been filed, the court assigns the plaintiff a review datethe date the judge reviews the paperwork and grants the divorce.
A contested divorce is accomplished by filing the divorce papers and then serving your spouse with them. Uncontested divorces are easier because both spouses agree on all the issues such as child custody, child support, division of marital assets, and alimony.
Deadlines for Filing an Appeal Per the California Courts, you have either 30 days after the trial court clerk mails you a notice that your judgment is finalized or 90 days after the entry of the judgment for a limited civil case whichever is the earliest.