Legal Question in Family Law in California
I have two questions:
1)in california marriage law, how soon can you get a divorce after getting married?
2)what happens if one party refuses the divorce but the other party wants one? Can one party stall the procees and if so, how long?
3 Answers from Attorneys
You can file for a divorce the next day, although you might seek an annualment instead. Sure the other person can try to stall; the amount of time they can stall depends upon how well they know the procedures and how aggressive they are.
There is very little stalling that can be done when one side wants to move it forward. The one who does not want a divorce cannot stall it on that basis. The courts will move the case forward as long as one party files the appropriate papers at the appropriate times to move things along.
You can file for divorce the next day. It only takes one party to file for divorce, and the other party does not even have to show up. The spouse who does not want to be divorced cannot stop it.