What happens in a California divorce if one party does not want it?
Assumptions: No children, no assets to divide, no liabilities to apportion. One party wants out, the other doesn't. I know that the only grounds in California are "irreconcilable differences", so claims of infidelity, etc., have no bearing.
How does the process proceed? Is one party declaring that there are "irreconcilable differences" all that is required for the court to grant a divorce? Would a judge ever say "your spouse disputes the claim of "irreconcilable differences - no divorce granted"?
One of the parties - #1 - files for the divorce. The Summons/Complaint are served on the other party - #2 - in accordance with California law. Party #2 answers the Complaint. Without knowing what the Complaint says the Answer would only be guessing.
If party #2 responds with an Answer it cannot be a one-sided (uncontested) divorce. At some point a Judge hears the case - and it could take months - at which time party #1 proves (or attempts to prove) irreconcilable differences. That can be as small as not putting the cap back on the toothpaste. It’s something that party #1 cannot live with.
I have NEVER seen a divorce refused because on the parties wants to stay married. I have never seen a Judge refuse to accept “irreconcilable differences” as grounds.
Party #2 obviously can drag his/her heels as long as he/she can, but eventually there will be either a hearing or a trial.
If BOTH PARTIES agree to meet with a Court-appointed Arbitrator there is always a possible that that Arbitrator will suggest marriage counseling, individual counseling, couples therapy, but party #1 does not have to agree to Arbitration or to anything the Arbitrator suggests.
Irreconcilable differences is used in about 90% of all divorce cases. In the case that one won't sign the papers it just costs more in attorney fees & the divorce will be granted in the long run anyway. No judge is ever going to force someone to stay married if they want a divorce. It takes longer to get a contested divorce & it costs both parties more.
CA is a no-fault divorce state, meaning the signatures of both spouses aren't required. However, the person filing for divorce still needs to get a legal petition for divorce and their spouse gets served. If the spouse doesn't respond in 30 days, the petitioner can ask for a default judgment and they will get it. This applies even when there are custody and property issues, although in that case, the petitioner would have to describe how anything is allocated and what the proposed plan is. If it's not in keeping with CA law, then a hearing would be scheduled. But this doesn't change the fact that only one sig is needed.