Legal Question in Family Law in California

Divorce filing w/o consent

If I am living a normal life with my husband and he decides he wants a divorce simply for the reason that ''our personalities clash, and that will never change'' (no cheating, nothing like that), and he refuses counseling, can he file divorce papers? If so, do I need to move out? (It's his rental home). What are my options? Can I make him try counseling at that point?


Asked on 7/22/06, 9:35 pm

3 Answers from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Divorce filing w/o consent

Yes, California is a no fault State. You cannot force him to do anything. With respect to the rental house, he could probably evict you as well if you are not on the lease.

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Answered on 7/23/06, 2:36 am
PATRICK MCCRARY PATRICK MCCRARY

Re: Divorce filing w/o consent

Unfortunately, although you can contest "irreconcilable differences", I have never seen it successful, in over 25 years. You should have a consulation with a Family Law Attorney. You have many options. A consultation will give you an educated basis on which you can make future decisions. Eventually, you may have to move out, but it could take months. I had a recent similar case and my client moved out after 8 months. Good Luck, Pat McCrary

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Answered on 7/24/06, 11:23 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Divorce filing w/o consent

He can file for unreconcillable differences. If he does try to evict you, then call me directly at 6192223504.

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Answered on 7/23/06, 5:29 pm


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