May 31, 2020

Can a Divorce Be Denied in California?

When you’ve made the decision that divorce is the right option for you and your family, you might wonder: Can a divorce be denied in California? In most cases, no, the court will not deny a divorce, assuming that all the paperwork has been filed and handled appropriately.

California doesn’t require you to prove that your spouse mistreated you, or some other such evidence that proves you have grounds for divorce; instead, you can cite irreconcilable differences, and that will suffice.

If there are no matters that need to be resolved, such as child custody, child support, or division of assets and debt, then the divorce should be finalized without issue. If there are contentious matters and a resolution has not yet been found, your divorce won’t be denied, but it could be delayed and taken to family court.

Are There Any Possible Reasons for the Denial of a Divorce in California?

There are really only two reasons your California divorce could be denied.

The first is if you began divorce proceedings but you never completed the process. For instance, say you filed the Petition for Divorce paperwork, but you never served your spouse, as is required. If you failed to follow through on the additional required steps, the divorce case could be dismissed.

Second, if there were some procedural issues with the divorce—you didn’t meet residency requirements, for instance—then your case might be dismissed.

Connect with an Experience Divorce Attorney in California

So, can a divorce be denied in California? It’s unlikely, but other issues can crop up during the process of divorce.

You want your divorce, and you want to get what’s fair. Dealing with contentious matters during this time can be stressful. You might be tempted to give in or give up, just to put the whole matter behind you. However, that’s not usually in your best interest.

Having a divorce lawyer on your team can ensure that your interests are being looked after. It can also make the entire situation a lot less stressful for you. Contact The Law Office of Laurence J. Brock to speak to an attorney today. Dial 909-466-7661, or fill out and submit the contact sheet down below.

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