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The only way to proceed with a divorce when one of the involved parties is refusing to sign papers is by applying for a court order. The court order asks that the petition for divorce be deemed to have been served.
When one spouse in California files a petition for divorce, the other spouse must be formally served with papers.When a spouse doesn't respond to a divorce petition, the person who failed to file the answer to the court will lose his or her rights to make arguments about property division, support, and child custody.
In 15 days (30 days if your spouse doesn't live in Louisiana), request that the Court Clerk set your case for a Preliminary Default. In a couple of days, the judge will finalize the divorce or may decide to first require a Confirmation of Default hearing before finalizing it.
If the divorce petition isn't returned then you need to apply to the court for the next stage of proceedings.
(3) A respondent who has not filed a reply is not entitled to receive notice of any part of the proceedings under these rules, including, without limitation, any court appearance, hearing, conference or trial.
When one spouse in California files a petition for divorce, the other spouse must be formally served with papers.When a spouse doesn't respond to a divorce petition, the person who failed to file the answer to the court will lose his or her rights to make arguments about property division, support, and child custody.
The fastest way to end a marriage is by seeking an uncontested divorce. However, this works best when both spouses are committed to the idea of getting out as quickly as possible. When there are no children and no property division conflicts, your divorce may proceed easily.
Typically, they will have at least 20 days to respond. States have different laws and requirements regarding what can and/or should be filed. In some states you may just need to file a piece of paper acknowledging receipt of the petition.
The spouse who has been served with the divorce/dissolution petition is called the "respondent" or "defendant" in the divorce/dissolution process. He or she must respond to ("answer") the petition within a certain time (usually about three weeks).