Can I Get a Divorce in California if My Spouse Won't Cooperate?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
My spouse and I are physically separated, and I want a divorce, but my spouse is not cooperative.
Attorney Answer
Yes. California does not require your spouse's cooperation or agreement to get divorced, and that is one of the most important things to understand right away.
California is a "no-fault" divorce state. Under Family Code section 2310, irreconcilable differences are enough grounds to end a marriage; you do not need your spouse to agree, sign anything voluntarily, or admit any wrongdoing. Your spouse's lack of cooperation can slow the process down procedurally, but it cannot legally block the divorce itself.
How the process generally works when a spouse is uncooperative:
1. You file a Petition for Dissolution of Marriage with your county's superior court. 2. Your spouse must be formally served with the petition and summons, typically by personal service through a process server or sheriff, not just a text or conversation. 3. Once served, your spouse has 30 days to file a response. If they do not respond at all, you can generally move forward and request a default judgment, finalizing the divorce without their participation. 4. If your spouse is actively avoiding being served, a process server can try multiple times and locations, and if that fails, a court can sometimes authorize alternative methods of service. 5. California also requires a mandatory 6-month waiting period from the date of service, or your spouse's first appearance in the case, whichever comes first, before a divorce can be finalized, so start the clock as soon as you can.
Since you mentioned very limited detail here, a few things matter a lot for next steps: whether you have children together, and whether you and your spouse have shared property or debt to divide. Those issues get resolved as part of the same case and are worth discussing with an attorney from the start, even though the divorce itself does not require your spouse's agreement.
This is general legal information, not legal advice about your specific situation. A California family law attorney can help you begin the filing process and advise you on the fastest path given your circumstances.
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Frequently Asked Questions
How long does a California divorce take if my spouse won't respond?
At minimum, six months from the date of service, though an uncooperative spouse who avoids service or ignores the case can add delay before that clock even starts running.
What if I don't know where my spouse is to serve them?
A process server can attempt service at known locations, and if that fails, a court can sometimes allow alternative methods, such as service by publication, after you show you made a genuine effort to locate your spouse.
Do we need to agree on everything to get divorced?
No. If you cannot agree on issues like property, support, or custody, the court will decide those issues for you after each side presents their case, but the divorce itself does not require agreement.
