Legal Question in Family Law in California
I want a divorce, my husband does not. We are living apart but we are not legally separated. We have filed for separation with a counter for divorce but I have not followed through with the divorce proceedings. Can he legally do anything to stop the divorce from proceeding?
Thank you
4 Answers from Attorneys
California is a no fault state, meaning that only one party needs to want the divorce. If your husband does not cooperate you would be able to proceed with the divorce without his consent.
If one party wants the divorce, then the marriage is "irretrievably broken," and either party can get the divorce. As far as actually getting the court to finalize the divorce, that is another story -- often a long and complicated one.
Mr. Crowder is correct. The severe budget cuts affecting the California family court system will only further complicate processing simple and uncontested divorces. Court staff in some California counties have been cut by almost by 1/3.
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