Wednesday, January 4, 2012

HOW CAN I GET A DIVORCE WITHOUT MY SPOUSE SIGNING THE LEGAL PAPERS?

QUESTION: I don't have a lawyer yet, but I know my husband won't sign the divorce papers and doesn't want to get a divorce. What can I do?

MY RESPONSE: If you hire an experienced divorce lawyer, your lawyer will know what to do to get you a divorce if your husband doesn't sign divorce papers. Your husband doesn't need to sign anything to be served; all that needs to be done is personal service of the Summons and Petition on your husband by a process server. Divorce is granted in California where irreconcilable differences have arisen between the parties, leading to an irremediable breakdown of the marriage. You and your husband have irreconcilable differences: you want a divorce and he doesn't. If your husband does not file (or timely file) a Response to the Petition, your family law attorney can file a request to enter your husband's default, and once his default is entered, your lawyer can proceed to get you a divorce without your husband's participation in the divorce case.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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