The fact is that California is a no fault state and you do not need your spouse’s signature in order to get a divorce. … When you file a divorce petition, you have to serve your spouse with the summons and petition.
Similarly one may ask, can you divorce a missing person?
If you are married or in a civil partnership, you can get a divorce or dissolution if you do not know where your husband, wife or civil partner is or they’re presumed dead.
In this way, why would a divorce be denied?
A procedural mishap is the most common reason your divorce filing may be rejected. … You may not meet the residency requirements to file for divorce in the state in which you filed. You may have missed a required court form in your filing. You may not have appropriately served your spouse with the divorce papers.
What if husband wants divorce and wife doesn t?
If your wife is adamant in troubling you the option is to initiate procedure from your side. You can file a divorce on ground of cruelty after one year of your marriage. You said your marriage is one year over,so you should file and independent petition against her in the Court.
How long does an automatic divorce take?
If you’re seeking a divorce and are unsure of which fact to base it on, speak to a Divorce Solicitor. If you are divorcing on the grounds of separation, then you and your spouse will need to have been separated for at least two years if you both agree to the divorce, and at least five years if you don’t.
Can’t afford a divorce What can I do?
You can represent yourself and file for a divorce yourself. You can access forms through the state’s court website or at the court clerk’s office. These should include a form to have fees waived due to financial circumstances. You fill out documents about your financial situation and ask the court to waive the fees.