Divorcing in California

Can I divorce, if my spouse refuses to recognize our marriage is over?

In California the answer is yes.  Because California is a “no-fault” state (See Family Code Section 2310), the court does not really care about your reasons for dissolving the marriage.  So long as there is no hope of reconciliation, the court will award you a divorce.  Even if one of the spouse’s changes their mind, the other spouse can continue with the divorce process.

Just to clarify, in terms of dismissing a divorce, the person who initiated the process is the one who can request the court to dismiss.  Now if the other spouse has filed a response, the both party’s consent to dismiss will be required.

California, unlike a few other states, does not require mandatory couples counseling before deciding to file for divorce. However if both parties are not sure about divorcing, it would be a tremendous benefit as counseling gives you a great opportunity to communicate in a positive way and understand the other person’s point of view.

Another clarification, in terms of specific issues such as custody or support, the court may want to know information about the relationship and reasons for it’s deterioration.  Such facts involving domestic violence, standard of living, age, preference of a child, can aid in the determination for appropriate custody and support orders.