One Spouse Wants Divorce And Other Doesn’t | Santa Clarita Divorce

The question comes up a bit of what happens when one spouse wants a divorce and the other does not.  Another way I have heard this questions is can my spouse stop me from getting a divorce.

The answer is no.  The process of getting divorced cannot be stopped by one of the spouses.  If you want to get divorced, there is nothing your spouse can do to stop you.  Of course, they can make it difficult by dragging it through the court system, but that is not the topic here.

So what is the process of getting divorced when only one spouse wants a divorce?  The process is essentially the same.  You will have the same requirements, same paperwork to fill out, etc.

Let’s say you file for divorce and serve the divorce documents on your spouse.  Once your spouse is served the divorce papers the 6 month waiting period begins.  Generally, your spouse will have 30 days to respond.  If your spouse does not respond, you can file what’s called a default. The default lets the court know that you wish to proceed despite the fact that your spouse did not respond.  The default process is just a little bit different than if your spouse did respond.

Sometimes the default divorce is by choice.  In most cases it is not necessary for your spouse to respond and you can still have an agreement on the terms of your divorce.  This is still considered an uncontested divorce and would proceed by way of default but with an agreement.

When you work with our company we attempt to help both spouses come to an agreement.  The divorce process is always easier if you are attempting to work out an amicable agreement.  Where differences come up, we can help you obtain free mediation services through the courts.

Give us a call for more information about our divorce document preparation service in Santa Clarita.