Legal Question in Family Law in California

You don't need your wife to "give" you a divorce. The court "gives" you your divorce. You file a Petition for Dissolution of Marriage and follow the other steps after filing and no matter what she does, you get a divorce. All you have to do is follow the procedural steps to keep the case moving. The only question then is who gets what property, who gets how much time with the kids, and how much child and maybe spousal support is paid from who to whom. If you and she cannot agree on custody and visitation, the court will decide for you what is "in the best interests of the minor children." There is nothing your wife can do to stop it if you file the right things at the right times.

California is a no fault state, meaning that it only takes one spouse to request a divorce. The court will grant you a divorce whether or not your wife "gets" what she is requesting. You should contact a family law attorney if you are concerned about your rights and to make sure that all necessary steps are being followed. The court will make all necessary property, child support, spousal support, child custody and visitation orders.