People often assume a California divorce needs both spouses to sign something before it can happen. It does not. California is a no-fault, unilateral divorce state, and the law is specifically built so that one spouse cannot trap the other in a marriage by refusing to cooperate.
Key Takeaway: Under Family Code section 2310, a California divorce can proceed on the grounds of irreconcilable differences without the other spouse's agreement, consent, or signature. Only the Petitioner signs the document that starts the case. If the other spouse won't respond, won't sign a joint petition, or won't sign a settlement, the case still has a path to a final judgment: the default process.
The Short Answer: California Does Not Require Their Signature
Family Code section 2310 lists the grounds for a California dissolution of marriage: irreconcilable differences, which have caused the irremediable breakdown of the marriage, or permanent legal incapacity to make decisions. Neither ground requires the other spouse's agreement. Neither requires their signature on anything. A California divorce is a unilateral proceeding by design; one spouse's decision to end the marriage is legally sufficient on its own.
That single fact resolves the underlying fear behind most versions of this question. A spouse cannot block a California divorce by refusing to sign a document, refusing to respond, or refusing to participate at all. What changes when a spouse won't cooperate is not whether the divorce happens, but which procedural path the case takes to get there.
Why California Divorce Law Works This Way
Before California adopted no-fault divorce, ending a marriage could require proving wrongdoing by the other spouse, and in practice that structure gave an uncooperative spouse real leverage to delay or complicate the process. The no-fault standard in Family Code section 2310 was written specifically so that neither spouse's cooperation, agreement, or willingness to sign anything is a precondition to ending the marriage.
That design choice shows up throughout the process described in this article. Every stage that might look, on the surface, like it needs the other spouse's signature (the initial filing, the Response window, the settlement stage) has a built-in path forward when that signature never comes. None of those paths are instant, and none of them skip the court's other requirements, such as proper service, financial disclosures, or the mandatory waiting period. But none of them depend on convincing an unwilling spouse to pick up a pen, either.
Four Different Things People Mean by "Signing"
Most of the confusion around this question comes from the fact that a California divorce involves several different documents, at several different stages, and "my spouse won't sign" can refer to any of them. It helps to separate them out:
- Signing the Petition (FL-100). Only the Petitioner signs this. It is never required from the other spouse to open a case.
- Signing a Response (FL-120). The other spouse can choose to file one, or choose not to. Not filing leads to the default track; it does not block the case.
- Signing a joint petition (FL-700). This is an optional, streamlined path only available if both spouses affirmatively want it. If one won't sign, the case proceeds as a normal, non-joint petition instead.
- Signing a settlement agreement or the final judgment paperwork. A spouse who won't cooperate here pushes the case toward proving up a default judgment rather than a jointly agreed judgment.
Each of these has a different consequence when the other spouse says no, and none of them means the marriage cannot end.
Signing the Petition: Only the Petitioner
A California divorce case opens when the Petitioner files Form FL-100, the Petition for Dissolution of Marriage, along with Form FL-110, the Summons. The Petitioner signs the Petition under penalty of perjury. The other spouse, called the Respondent, does not sign this document, does not need to be consulted before it is filed, and does not need to agree that a divorce should happen at all.
For a full section-by-section walkthrough of the form itself, see How to Fill Out Form FL-100. If you have not yet gotten the case in front of the other spouse, How to Serve Divorce Papers in California covers how that happens next.
Signing a Response: Optional, Not a Blocker
Once the Respondent is properly served with the Petition and Summons, they generally have 30 calendar days to file a Response, Form FL-120. Filing a Response is how a Respondent formally participates in the case, states their own position on property, support, or custody, and keeps their voice in the proceedings going forward.
Filing a Response is not required to keep the divorce from happening, because the divorce is going to happen regardless. It is the mechanism by which a Respondent gets a say in the outcome. A Respondent who chooses not to respond at all is choosing not to participate, not blocking anything. Our guide on whether both spouses have to file for divorce in California walks through this distinction in more detail.
Signing a Joint Petition: Only If Both Spouses Want It
Since January 1, 2026, California has offered an optional joint petition process using Form FL-700, letting spouses who agree on everything file together and skip the traditional Petitioner and Respondent structure entirely. It is a genuinely streamlined path, but it is also entirely optional, and it only works if both spouses affirmatively choose it and both sign.
If one spouse won't sign a joint petition, nothing is lost procedurally. The case simply proceeds as a standard, non-joint Petition instead, filed by one spouse as Petitioner, served on the other as Respondent, following the ordinary path described throughout this article. There is no penalty for trying the joint route first and having it fall through; a spouse can always fall back to filing individually.
For more on how the joint process works when both spouses do want it, see How to File a Joint Divorce Petition in California (FL-700).
Signing a Settlement Agreement or the Judgment Paperwork
The final stage of a California divorce is a signed judgment. In a fully agreed case, both spouses sign a marital settlement agreement, and the judgment paperwork reflects those agreed terms. That is the smoothest path, but it depends on cooperation that not every case has.
When a spouse will not sign a settlement or otherwise engage at the judgment stage, the case does not stall out. It generally moves toward proving up a default judgment instead: the Petitioner requests that the court enter the other spouse's default, then assembles a judgment packet asking the court to finalize the case based on what the Petition requested. That judgment still requires a judge's signature, but it does not require the non-cooperating spouse's.
What Actually Happens, Start to Finish
Here is the practical sequence when a spouse will not sign anything or otherwise will not cooperate:
- The Petitioner files the Petition (FL-100) and Summons (FL-110). No signature from the other spouse is needed to do this.
- The Respondent is formally served, and a Proof of Service is filed with the court.
- The Respondent has 30 days from the date of service to file a Response. They can choose to file one or not.
- If the 30 days pass with no Response filed, and the Respondent still won't engage or won't sign the necessary judgment paperwork later, the Petitioner can file a Request to Enter Default, Form FL-165, and a Declaration for Default or Uncontested Dissolution, Form FL-170.
- With the default entered and the judgment packet assembled, the case proceeds to a judge for signature, without the other spouse's participation or signature required.
For the mechanics of each of these steps, see Default Divorce in California, which walks through the full default process, along with How to Fill Out Form FL-165 and How to Fill Out Form FL-170 for the specific forms involved.
This path is not necessarily fast, and it is not necessarily simple. It still involves service, the mandatory waiting period, financial disclosures, and a judge's review before anything is final. What it is not, is blocked. A refusal to sign, at any of these stages, changes the procedural route the case takes; it does not prevent the marriage from ending.
It is also worth understanding that a non-cooperating spouse is not permanently locked out. A Respondent can still choose to file a late Response before a default is entered, appear in the case, or negotiate a settlement at any point before a judgment is signed. Refusing to sign does not forfeit those options forever; it simply means the case moves forward on the Petitioner's terms in the meantime, rather than pausing to wait for cooperation that may never come.
Common Mistakes and Misconceptions
- Believing the divorce cannot proceed at all if the other spouse won't sign the Petition; only the Petitioner ever signs it
- Confusing a declined joint petition (FL-700) with a blocked divorce; declining it just means the case proceeds as a normal Petition instead
- Waiting indefinitely for a spouse to respond or sign, instead of using the default process once the 30 day window has actually passed
- Assuming a non-cooperating spouse gets no say at all; they can still respond, appear, or negotiate at any point before judgment, they just cannot prevent judgment by staying silent
- Filing for a default before the full 30 days since service have passed
- Treating "my spouse won't sign the settlement" as the end of the road instead of a signal to move toward the default track
Frequently Asked Questions
Can my spouse stop the divorce by refusing to sign anything?
No. California is a no-fault, unilateral divorce state under Family Code section 2310. Either spouse can file for divorce on the grounds of irreconcilable differences without the other spouse's agreement or signature. A spouse who refuses to sign the Response, a settlement, or the judgment paperwork does not prevent the case from reaching a final judgment; it generally pushes the case toward proving up a default instead.
Whose signature is required to file for divorce in California?
Only the Petitioner's signature is required on the initial Petition, Form FL-100, to open a California divorce case. The other spouse's signature has never been required to start a case.
What if my spouse won't sign a joint petition?
A joint petition (Form FL-700) is entirely optional and only available when both spouses affirmatively choose that streamlined path together. If one spouse will not sign a joint petition, the case simply proceeds as a normal Petition and Response case instead. Nothing about a declined joint petition blocks the divorce itself.
What if my spouse won't sign the final judgment or settlement agreement?
If a spouse will not cooperate at the settlement stage, the case generally moves toward a default judgment rather than a jointly signed agreed judgment. Once the Respondent has been served and the response window has passed without proper participation, the Petitioner can request that the court enter default and proceed to a judgment that does not depend on the other spouse's signature.
Does my spouse have to respond to the divorce papers at all?
No. A spouse who was properly served can choose not to file a Response. That choice does not block the divorce; it generally leads to the default track, where the case can move to judgment based on what the Petition requested, without the other spouse's participation.
How long does it take to get divorced if my spouse refuses to cooperate?
There is no single answer, since it depends on how quickly service is completed, whether the 30 day Response window passes without a filing, and how the default and judgment paperwork moves through your specific court. It generally takes longer than a fully cooperative case, but a spouse's refusal to participate does not prevent the case from eventually reaching judgment.
How Virdix Helps
Virdix does not decide whether your spouse will sign anything, and it cannot make them cooperate. What it does is help you prepare the correct paperwork for whichever path your case actually needs, whether that's a standard Petition, a joint petition both spouses agreed to, or the forms involved in moving an unresponsive case toward default judgment. Virdix is built around:
- Guided, plain language questions in place of legal terminology, for the Petition, Response, and default paperwork alike
- A clear sequence, so you know which forms come next when a spouse isn't participating
- Consistency checks, so your paperwork lines up across the Petition, Proof of Service, and judgment stage
- Deadline awareness, so you know when the 30 day Response window has actually closed
Virdix is a document preparation service, not a law firm. It does not provide legal advice and does not represent you in court.
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This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. For advice about your specific situation, consult a licensed California family law attorney.
Sources: California Family Code section 2310, California Courts Self-Help Center (selfhelp.courts.ca.gov), Judicial Council of California