Sometimes both spouses are not on the same page when it comes to getting
divorced. This is understandable and common, given the emotions involved
in both a marriage and divorce.
If both parties are willing to work on their marriage, they may be able
to reach solutions that will allow them to stay married. In those situations,
we recommend that you work with a marriage and family counselor in order
to have a trained third party help you work through your issues.
However, sometimes counseling isn’t an option or doesn’t work.
If that is the case, in California, the party who wants to get divorced
will be able to do so even if the other spouse does not want the divorce.
If the spouse who does not want to get divorced chooses not to respond
to the petition, the filing party can request a default. When a default
is granted, whatever the Petitioner asked for in the petition will be granted.
Even though it is very difficult emotionally, we recommend that you participate
in the divorce process even if you don’t want to get divorced. If
you don’t participate, the court will not hear your perspective
and you will not be able to ensure that you receive appropriate support,
assets or debts. If you have children, you want to be able to make sure
that your custody rights and visitation time are set by the court.
If you’re in a case where you don’t want to get divorced, a
lawyer can be helpful to make sure your rights are protected while you
work through the emotional processes involved in the divorce. Having a
lawyer handle the process and give you a little space from the issues
can be helpful.
If you have questions about your divorce, please contact us at Romanovska
Law. We can help you through the process, difficult as it may be.