California law does not require the consent of both spouses. If you file a Petition and have your spouse properly served, they have thirty days to file a Response. If they do not file a Response, you can submit a request to the Court to proceed without your spouse. The Court does not automatically default your spouse on the 31st day – you have to make an affirmative request to the Court for the default to be entered. Once the Court approves your request, you can submit a default judgment packet for the Court to review and enter. However, there are certain requirements that the Court must follow on a default request, including how property will be divided. Contact Boros Law Firm, APC to discuss how your default request is likely to be viewed by the Court.
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