I don't want a divorce but my spouse does.

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.



End Your Marriage In A Peaceful Way

Did you drift apart from your significant other? Attorney Diana Romanovska is ready to help you begin the next chapter of your life. Call her today at (415) 423-2457 for a free 20 minute consultation.

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