Q: Please see question below
One more thing. Instead of divorce, I would like to ask the judge for counseling for both parties. According to my research, it states the following: "Further, California courts have considerable discretion in the matter, which means they can order counseling when it is deemed appropriate, and such practices are not uncommon when there is considerable distance between each parent’s position on the matter and they show little ability or inclination to bridge the gap."
To ask the judge, do I have to file a motion to request this? It looks like the case has not applied to a judge yet? I was served papers on 10 Oct 2023. I disagree that there are are irreconcilable differences. We still llive in the same house, no affairs, and no violence.
A:
Note that California is a no-fault divorce state, and so the other party has an absolute right to obtain a divorce. However, feel free to ask the Court for an order to go to counseling.
While a judge may not order it, in California, if you are seeking counseling in lieu of divorce, you would need to file a responsive declaration in which you state your request for counseling. If you wish to request the court to order counseling, you may raise that in your response to the dissolution petition you've been served with.
While the court has the discretion to order counseling, it's generally in cases involving custody disputes. Since you believe there are no irreconcilable differences, presenting evidence of your ongoing shared living situation and lack of serious marital issues will be important to the counselor. Perhaps your marriage can be saved. Just note that the Court will protect each party's right to a divorce.
It would be beneficial to consult with legal counsel to help frame your arguments appropriately and guide you through the process. Remember, timelines are essential, so ensure you respond within the required timeframe.
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.
