For most folks on the brink of divorce, the decision is not one that they make lightly, and is often the result of months of thinking and planning. However, the other party might not be quite so prepared once the news hits them. In some cases, your spouse may downright fight the idea and may do everything in his or her power to stop you from getting divorced.

Which brings us to today’s blog post: can a spouse actually stop you from getting a divorce in CA? Also, what steps should you take if you’re dealing with a spouse in denial? Read on to learn more, and for further questions, don’t hesitate to reach out to us at the White Oak Law directly. 

California is a No-Fault Divorce State

Fortunately for those who are set on divorce, the state of California only requires for one party to want a divorce in order to proceed. This is because, like most other states, California is a no-fault divorce state. This means that neither party needs to justify ending the marriage other than simply by asserting that the marriage is over and cannot be saved. 

This approach brings many practical benefits to the table. For one, there’s no need for parties to bicker and assess who exactly is to blame in order to influence the divorce proceedings themselves. No-fault divorces are more streamlined in that sense.

However, blame and pointing fingers can still impact other aspects of your divorce such as child custody proceedings and asset division. 

No-Fault Divorce Still Carries Many Risks in CA

The reason that feuds and disputes can still impact other aspects of your divorce has to do with whether it plays a relevant role in those proceedings. For example, if a party that committed infidelity used shared property to fund their misadventures, this could influence asset division proceedings. Another example might involve child custody, where your soon-to-be-ex could effectively demonstrate how your poor decision making could hurt your ability to parent and thus retain custody or visitation rights. 

Talk to a Family Law Attorney Today To Learn More

In general, it is in your best interest to be able to work with the soon-to-be-ex so that you may both try and find an arrangement that works for the both of you. If your ex is still fighting the fact that you want a divorce, then it is highly unlikely that he or she will be in a collaborative mood. 

If you’re struggling with a spouse who doesn’t want to get divorced and want to work towards the smoothest possible divorce, your first priority item is to consult with a qualified family law attorney in CA. At The White Oak Law, our team of specialized family law attorneys are here to help answer any questions you may have. Call us at 925-271-0999 today to learn more about how we can help.