August 12, 2020

Divorce When One Spouse Doesn’t Want To

Although the easiest divorces might seem to be those where both parties agree that the marriage is over and further agree to dissolve everything amicably, these are often rare. When it comes to divorce, there is usually one person who wants the divorce more than the other. Divorces are already stressful and difficult processes, but the process can become even more frustrating in a divorce when one spouse doesn’t want to. You don’t have to remain in a marriage simply because your spouse isn’t ready to give up. You do need a qualified divorce lawyer to help you through what is most likely going to be a difficult journey.

No One Can Force You to Stay Married

Unfortunately, many people believe that if they don’t want to divorce, they can simply refuse to participate and somehow stop it from happening. According to California Family Law Code, however, not participating isn’t going to stop a divorce if one person still wants to dissolve the marriage. Although refusing to participate or “grant” a divorce can make the process more difficult than it needs to be, it can also hurt you in the end. If you don’t participate and simply avoid the divorce proceedings, the court can instead grant a default judgment, which might not include agreeable terms in your best interests. Ignoring a divorce will not make it go away, so it’s best to consult a divorce lawyer in California who can help you get through it in the best way possible.

Consequences of a Default Judgment

There are instances where default judgments in divorce are actually agreed on by both parties. If the terms are agreeable, one party might petition the court for the divorce, and when the other doesn’t reply or respond, the divorce is granted. However, there are serious consequences to default judgments when you and your spouse don’t agree on the terms. You can risk giving up rights to contest certain issues, and because you essentially agree to everything your spouse has included in the petition, you could unintentionally agree to things that aren’t in your best interests. Even if you think a default divorce is best, you should consult an attorney to make sure you aren’t risking more of your rights than you need.

What If You Didn’t Want a Default Divorce?

The default judgment can also be a problem if a spouse has claimed the other didn’t want the divorce just to get a default judgment. In these cases, illegal acts such as not serving the other party or purposely serving at locations or times when the other person won’t get the paperwork can be involved. If you have been issued a default divorce under the guise that you didn’t want the divorce and refused to participate when you really didn’t have any knowledge of the process, Laurence J. Brock can help you get your rights back.

Divorces are difficult no matter the details. You shouldn’t have to also deal with a divorce when one spouse doesn’t want to. If you have questions about default divorces or just need help navigating a divorce, we can help. Contact our office online or call (909) 466-7661 immediately.

Start live chat with our team?