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Can I Get a Divorce Even If My Spouse Doesn’t Want To?

Blogs from February, 2023

Wife and husband signing divorce documents

If you are considering a divorce, but your spouse is not on board, you may wonder what will happen. Can a divorce still go through if one spouse does not want it? The answer is yes – but it can be more complicated. Our Pasadena divorce attorneys discuss how divorces can proceed without the consent of one of the parties below.

In California, you can file for a divorce without your spouse’s consent. This is known as a “no-fault” divorce. The legal grounds cited are “irreconcilable differences” – an irrevocable breakdown of the marriage that cannot be saved. Both spouses must agree that they cannot get along, even if only one is filing for divorce.

If your spouse does not want to cooperate and will not sign the paperwork or respond to the legal proceedings, you can proceed with a default judgment. This means that the court will assume you have made all reasonable efforts to contact and serve documents to your spouse and that they have failed to respond. The court will then proceed with the divorce without your spouse’s participation.

It is important to note that a default divorce only allows you to give your spouse notice of the proceedings or an opportunity for them to object to or contest certain issues in the divorce. While it may be more difficult for the spouse who did not file for divorce, they can still contest any decision or order proposed by the court.

Ready to Take the Next Step?

Rarely is divorce easy, and it is even more difficult when your spouse does not want it. At Law Offices of Christopher L. Hoglin, P.C., our Pasadena divorce lawyers have decades of experience helping good people through tough times. We know how to handle complex issues when one or both spouses do not agree to a divorce. We can explain your options and guide you through the process, offering compassionate support and counsel every step of the way.

We provide experienced, compassionate counsel to help you through the difficulties of divorce. Schedule a free consultation now. Call us at (626) 653-4075 to get started.

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