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How to get a divorce if one party refuses to sign?

Sacramento, CA |

We've been separated for nearly 2 years, but I've yet to turn in the papers to make it a legal separation.

However, I recently found out that she is pregnant with the man's baby who she cheated on me with, yet she still refuses to sign divorce papers. How do I go about getting a divorce without her signature, as I do not want to get slapped with all these bills when the baby is not even mine?

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Attorney answers 3

Best Answer

You need to file for Dissolution of marriage and have a process server serve her with the papers personally. If she does not file a Response within 30 days, file a request for default and proceed without her.
It would seem that if you have been separated for 2 years, you have probably divided whatever you had in common. And since she is obviously cohabitating, there is a presumption of lesser need for Spousal Support. There is a self help center at the Family Court in Orange.


It seems you haven't made up your mind on this issue. Are you filing for a legal separation or a divorce? Once you choose, you serve her with documents, and if she does not respond within the prescribed amount of time after receiving them, you move for her default and then proceed without her. The child is an issue, but not if you act quickly. I suggest you call an attorney in your area to see how to accomplish what needs to be done.

Good luck to you!


You may file a petition for legal separation or for dissolution of your marriage and your estranged spouse's signature is not required.

If you would like to obtain legal advice about your situation, I am available to consult with you at your convenience. The initial consultation (30 minutes) is free. If you would like my assistance, please contact me at 916 925-6005.

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