Divorcing A Spouse Who Does Not Want The Divorce

By Gerald A. Maggio, Esq.

Orange County divorce mediation attorneys; California Divorce MediatorsThere could be a time when you want to end your marriage but your spouse does not want it to continue. It is possible to get a divorce in such a case. Do note that such a contested divorce can take a lot of time. It could also involve a number of complexities.

Trial needed

In this instance, a contested divorce, unlike a divorce where both spouses agree to terminate a marriage, usually needs you to attend trial before a judge. You must provide the argument as to why you want to end the marriage. The first step is to draft a divorce petition. State law will provide you the requirements of a divorce petition. The document must list information concerning both you and your spouse. This must include both your names, marriage date and present residential address. If you have children, you must provide their names along with date of birth as well. You must also state all reasons as to why you wish to divorce, like irreconcilable differences.

The next step is to make the supporting paperwork. You must fill a child custody affidavit or financial affidavit in case you wish to apply for child custody, child support or alimony. These affidavits can be asked for at the office of the court clerk. The court clerk must receive the divorce petition from you. File them with the court clerk post completion of the divorce petition and any other affidavits. Pay the filing fee. It is essential that you file the divorce petition in the city or county where you live.

Tackling the unwilling spouse

The fourth step is to provide your unwilling spouse with all divorce papers post their court filings. You can serve court papers to your spouse by a law enforcement officer or private process server. You can also do it through registered mail. Do wait for the spouse’s response. When you spouse receives divorce papers, he or she is compulsorily needed to prepare the written response as to why the concerned spouse objects to this divorce. If your spouse fails to offer a response, you can ask for a default judgment. If this is done, you can start the rest of the divorce proceedings.

Present the case to judge. The clerk, after receiving both your spouse and yours’ divorce papers, will assign you a particular hearing date. Both of you will have the opportunity to present your case. The judge will then give his ruling on the court granting due divorce.

To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation