What are the step-by-step procedures for filing for a divorce in California when my spouse is uncooperative?

To file for divorce in California with an uncooperative spouse, you will initiate the case and proceed by "default" after your spouse fails to respond. This process allows the divorce to move forward without their participation. Here are the step-by-step procedures: Step 1: File Initial Divorce Papers You must complete and file a Petition — Marriage/Domestic Partnership (Form FL-100) and a Summons (Form FL-110) with your local county superior court. You will pay a filing fee or apply for a fee waiver. The court clerk will stamp the forms and provide you with conformed copies. Step 2: Formally Serve Your Spouse You must have someone other than yourself, who is over 18, serve your spouse with copies of the filed papers. This is typically done through "personal service" where the papers are hand-delivered. If your spouse avoids service, you may need to use "substituted service," which involves leaving the documents with a competent adult at their home or work and mailing a second copy. Step 3: File Proof of Service The person who served your spouse must complete a Proof of Service of Summons (Form FL-115) and file it with the court. This form proves that your spouse legally received the documents. The 30-day countdown for your spouse to respond begins on the date they were served. Step 4: File for Default If your spouse does not file a response with the court within 30 days of being served, you can ask the court to proceed without them. You must file a Request to Enter Default (Form FL-165) along with other required financial disclosures. Step 5: Finalize the Judgment After the default is entered, you will submit final judgment forms to the court. The judge will review your proposed orders regarding property, debt, and support. A judge will sign the final Judgment (FL-180), and your divorce will be final no sooner than six months and one day from the date your spouse was served. Important considerations: Even in a default divorce, you are required to complete and serve financial disclosures on your spouse. The six-month waiting period is mandatory and cannot be waived. Note: While a default process can finalize the divorce, an uncooperative spouse may later try to challenge the judgment. A default judgment may not be the best way to handle complex asset division or custody issues. This is general information and does not constitute legal advice. For complex situations, especially with an uncooperative spouse, consult with a qualified California attorney.