Q: What can happen if I file for divorce and my spouse doesn't want to?
I plan to petition for divorce, but I worry that my spouse would be against it. We have no major assets, children, properties, or debts between us to fight over. I just don't think she would want to break up with me. What can happen if I proceed with my divorce petition but she disagrees in her response and simply doesn't want to end the marriage/relationship? How would this kind of situation proceed in a divorce case?
A:
If you file for divorce in California and your spouse is opposed to the divorce, the process can still move forward. In California, only one party needs to want the divorce for it to be granted. This is due to the state's "no-fault" divorce laws, which means that a divorce can be granted without needing to prove wrongdoing by either party.
If your spouse disagrees with the divorce, they may file a response to your petition. However, their disagreement won't stop the divorce from proceeding. The court can still grant the divorce even if one spouse does not want it.
Since you mentioned there are no major assets, children, or debts to dispute, the process may be more straightforward. However, it's important to understand that even in simple divorce cases, legal procedures must be followed. If your spouse chooses not to participate in the process after being properly served, the court may grant a default judgment in your favor after certain procedural requirements are met.
In any case, it's important to consider seeking legal advice to navigate the specifics of your situation and ensure all legal requirements are met throughout the divorce process.
Tobie B. Waxman agrees with this answer
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