Stanton, NE asked in Divorce for California

Q: CA If separated from a spouse for 15 yrs, no combined finances, no assets, and no young children - can it be contested?

I was married in California, but only lived together for 2 years. We've been separated 15 years with no combined assets/finances. Our child is now 18 years old. Is there any reason the divorce could be contested?

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1 Lawyer Answer
Tobie Brina Waxman
Tobie Brina Waxman
Answered
  • Culver City, CA
  • Licensed in California

A: Depends on what you think "contested" means. When filing for divorce, you file your petition and summons and then serve the other party. They either respond to the petition by filing a response or they don't. If they don't, you proceed by default, if they do, then you proceed with exchanging financial disclosures and entering into a stipulated (hopefully) judgment. If they respond and do not cooperate, then that makes things more difficult and slows down the process. California is a no-fault state. Meaning, if you want a divorce you can have one. The other party can fail to cooperate, but they cannot prevent you from getting a divorce, i.e. they cannot disagree with (contest) your request for a dissolution.

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