No one sets out to get a divorce when they’re first married. But, when you have decided that divorce is right for you, you probably want it to be over quickly. You want to move on with your life. No one wants to waste time in a stressful divorce situation, but what if you aren’t the one holding things up?
What if your spouse is refusing to give up and give in? Sometimes, a spouse is not on the same page you are. They either don’t want the divorce because they still want to be in the marriage or they have another reason for holding up the divorce.
They might want to punish you for leaving, or they might want to delay proceedings because they feel like there are still issues in the divorce that need to be resolved. Whatever the case may be, there is some good news for you: your spouse doesn’t have to agree to a divorce for it to take place.
You should know that under California law, if one spouse wants a divorce, the other spouse can’t stop them. Two people must agree to be in a marriage, and the courts will eventually grant your divorce petition regardless of whether your spouse wants a divorce. They may refuse to sign the papers for a time, but the court can still grant your Petition for Divorce.
Yes, your spouse’s behavior could hold up your divorce temporarily. The fastest-possible California divorce will take six months minimum. California law requires a six-month time frame to pass before a divorce can be finalized, and this is true even when both parties agree to the divorce and have no contentious issues to work out.
When your spouse is being difficult, that behavior could stretch your divorce case out much longer than six months. However, there are some things you can do that might help.
The first thing you could do is call a divorce lawyer. Your lawyer could help your spouse to see reason and sign the papers. Your attorney can also help get divorce issues resolved, probably much more quickly than you could get them resolved yourself.
Plus, your attorney can see that your rights are protected and that your interests are looked after.
It’s frustrating to have your spouse hold up your divorce, no matter the reason behind their behavior. However, you can still obtain your divorce with a little help.
Your attorney at The Law Office of Laurence J. Brock will assist you with all the issues that come with filing for divorce. They can also shield you from much of the nastiness that comes from divorce negotiations. There’s no reason for you to have to handle this situation on your own. Contact our firm through the internet form here below or call 909-466-7661.