Separation agreement is a general term used to describe a written contract that spouses enter into to address some or all issues arising from their marital separation. Therefore, if a spouse refuses to sign a separation agreement, the other spouse cannot force the unwilling spouse to do so.

When a spouse refuses to sign divorce papers, the spouse seeking a divorce will need to obtain what is called a contested divorce. To file a contested divorce, the party who wishes to obtain the divorce must file a petition in the family court in their jurisdiction.

You can still get a divorce even if your spouse does not want one. States do not force a couple to stay together if one person no longer wants to be married. However, it can definitely complicate the process if the other party does not want to go through with it.

3 attorney answers She can’t take everything from you, but only her share of community property that is acquired during marriage. Your separate property won’t go to her unless in some specific cases like family businesses.

In California, there is no 50/50 split of marital property. When a married couple gets divorced, their community property and debts will be divided equitably. This means they will be divided fairly and equally.

Because California law views both spouses as one party rather than two, marital assets and debts are split 50/50 between the couple, unless they can agree on another arrangement.

The length of a marriage will affect how much property is awarded to each spouse upon divorce. Generally speaking, the longer the marriage, the more likely it is that the court will go beyond a simple 50/50 division of assets and instead award a greater portion of marital property to one of the spouses.

Infidelity Won’t Get You More Money in the Courts Every state in the United States offers some form of a “no-fault divorce,” which allows you to cite a version of “irreconcilable differences,” as your reason for divorce. As such, your spouse cannot be penalized by a judge for cheating in most circumstances.

Here are six things you can do to prepare:

1. Hire an experienced divorce attorney. Ideally, this person will emphasize mediation or collaborative divorce over litigation.
2. Open accounts in your name only.
3. Sort out mortgage and rent payments.
4. Be prepared to share retirement accounts.

Cash is one of the best ways to hide money from a spouse Your spouse could cash an inheritance check, then put the cash in a safe deposit box. Or get cash back on everyday purchases and store it casually in a dresser drawer. If a couple keeps a private safe in the home, it’s likely that cash is stored inside.

Under the law, when a party in a divorce case takes money and spends it, it can be considered dissipation. Most marriages start breaking down long before the first divorce petition is filed, so spending the money a month before you file for divorce will still be considered dissipation.

Financial Steps to Take Before Getting a Divorce

1. Get organized.
2. Think about Social Security.
3. Think about financial commitments that you both are planning on making.
4. Apply for a credit card in your own name.
5. Think about how much the divorce will cost.
6. Continually monitor your expenses.
7. Document use of marital funds.