If I do not agree on the divorce and do not sign the papers, can the divorce still be granted?
Full Question:
Answer:
California law allows for divorces based upon the grounds of irreconcilable differences, or incurable insanity. Irreconcilable differences are statutorily defined as those differences determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved.
A summary dissolution of marriage proceeding is begun by the filing of a joint petition signed by both the husband and wife stating that all of the requirements for summary dissolution have been met, providing the mailing address of both husband and wife, and a statement of whether or not the wife desires to have her former name restored.
If one spouse refuses to sign a joint petition, the other spouse may still seek and obtain a divorce on the grounds of irreconcilable differences.