Legal Question in Family Law in California

No.

While it is not an accurate statement of the law, effectively, dissolution (divorce) is granted based upon the request of one party. You can file a response requesting a legal separation, but if your spouse wants to be single, they will have the legal right. You should get a consultation with a family law attorney to make sure you are making no mistakes. Good Luck, Pat McCrary

California has has no fault dissolution of marriages since 1975. If one spouse does not want to be married to the other, there is nothing the other can do to prevent it.

You can certainly file your Response requesting a Legal Separation, however, if the Petitioner has requested a Dissolution of Marriage, that is what will be controlling. There is nothing that you can do to prevent it, other than if you both decide not to get a divorce. Therefore, you are going to need representation regarding all of the other issues involved.

BARRY BESSER

www.besserlaw.com