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?

Related Topics:
1 Lawyer Answer
Tobie Brina Waxman
Tobie Brina Waxman
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.