Is there any advantage to filing for divorce first?
One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition. If the matter should go to a hearing, the person who files the petition usually presents his or her case first.
Can you get a divorce without the other person signing in California?
The fact is that California is a no fault state and you do not need your spouse’s signature in order to get a divorce. If your spouse fails to file and serve you with a response, you can file a request for default against your spouse after 30 days.
What happens if one partner doesn’t want a divorce?
If you properly served the divorce petition and your spouse filed an uncontested response, but won’t sign off on the final divorce papers, courts in some states may allow the case to proceed as though it’s uncontested. You may wait to be assigned a court appearance date.