What are you supposed to do if you want to get a divorce and your spouse decides that he or she isn’t going to let you do it?
You may be surprised by how often this question is asked. People are sometimes unsure if they can move forward with their divorces on their own or if they need to do it with their spouses. After all, both people had to say “I do” during the wedding, so do both people need to change their minds to break it off?
The thing you must know about this is that your spouse has no say at all over your right to ask for a divorce. You’re not asking him or her to break off the marriage, and your spouse doesn’t have the right or the power to do it anyway.
A divorce is something that can only be given out by a judge in a court of law. You just have to file for divorce, and then the paperwork will be given to your spouse, informing him or her of your intentions. It is then on your spouse to respond as the case moves toward the court.
Now, your spouse may try to ignore the paperwork, not wanting to sign anything and thinking that ignoring it will mean you can’t move forward with the legal process. This isn’t true. In cases in which the spouse never answers, the judge usually waits for a predetermined amount of time and then hands out a divorce by default. After all, you still have a right to the separation if that’s what you want, no matter what your spouse thinks.
If you’re considering divorce in California, you definitely want to know what rights you have and what role your spouse will play.
Source: Life Management, “Answers To 28 Questions All Women Going Through Divorce Should Know,” Carol Ann Wilson, accessed Oct. 01, 2015