Often people wonder if they can get a divorce when their spouse does not agree. The simple answer is ‘YES’! In California if you want a divorce, you will get a divorce.
California is a ‘no fault’ state (most states in the union are ‘no fault’) and as such one does not have to prove fault in order to divorce. For most people, ‘irreconcilable differences’, which means simply that the parties do not get along, is the box checked as the reason for divorce.
When the parties to a divorce are not in agreement, the divorce process can be more difficult. One area that can be problematic is ‘service’. Once the petition is filed, the respondent needs to be ‘served’. Service is a formal notification that a divorce has been filed. Sometimes the respondent will resist service so it is important to enlist the help of a competent process server in order to get a valid ‘proof of service’. A family member (not a child of the marriage), friend or sheriff may also serve.
Once the respondent is served, he/she has 30 days to respond. When a response is not filed, the divorce can end in a ‘default’ and no further assistance is needed from the spouse. When a response is filed, the divorce is now contested and the parties can agree on their issues or go to trial.
In essence, a divorce can be finalized without the cooperation of the spouse with the caveat that the spouse must be served. If the whereabouts of the spouse (either home or work) is unknown then a ‘publication divorce’ may be needed.
It’s best to contact the divorce lawyers at Legal Action Workshop to determine your best option! Give us a quick call @ 1-800-HELP-444 for an affordable no-nonsense divorce.
Leave a Reply