What to Do If Your Spouse Doesn't Want a Divorce


Pasadena divorce law does not require your spouse to give consent to get a divorce. You can legally end your marriage with or without your spouse's consent. California is a no-fault divorce state, so the law does not force two adults to remain legally married if one person is unhappy with the union.

You’ll receive a default judgment if your spouse does not respond to your petition or otherwise participate in the case. You’ll still be divorced, but your spouse won’t have the chance to ask for specific things when marital assets are divided.

Keep in mind that trying to delay a divorce by dragging out the negotiations for as long as possible is a fairly common strategy for spouses who do not wish to see their marriage end. By fighting over every detail, they hope to convince their spouse that divorce isn’t worth the effort. This tactic is seldom successful in anything other than running up hefty legal fees.

If you suspect that your spouse is not going to support your decision to ask for a divorce, it’s a good idea to make all the necessary preparations before you tell him or her. Make copies of all relevant financial documents. Arrange for a place to stay, if necessary. Remove personal items from the marital home. Put valuables in a safe place to prevent your spouse from selling or damaging them as a form of revenge.

Filing for divorce can trigger violent behavior in a person already prone to domestic violence. If you are concerned that your spouse might try to prevent the divorce by physically harming you, speak to your attorney about precautionary measures that can be taken. Your attorney can help you get a restraining order at the time you file for divorce or assist you in filing criminal charges against your spouse.

How Can We Help?

If you are in need of legal representation for your divorce, please call our office at (626) 683-8113 or email us at info@PasadenaLawOffice.com. Our Pasadena family law firm is equipped to handle a wide range of issues surrounding child custody, child support, spousal support, and the division of marital assets.