If Iv’e been married for a year and 5 months but we have no childern or property, how hard will it be to get a divorce when my wife is unwilling?

Asked on July 18, 2012 under Family Law, California


Phong Han / Eaton & Associates

Answered 8 years ago | Contributor

In California, you do not need the cooperation of the other spouse in order to obtain a divorce.  You will need to file your initial petition and serve your wife.  Once she is served, she will have 30 days to respond to your petition.  If she responds, you will begin to navigate the sometimes complex waters of the divorce process.  If she does not respond within the 30 day period, you may then file to have the divorce as a default judgment.  In which case you would be able to complete the divorce once your 6 month statutory waiting period is up.  If your wife retains an attorney and responds to the petition, I would recommend consulting with an attorney in order to determine your liabilities in the divorce process.  Sometimes if both parties have an attorney, it can make the process run smoother and your divorce can be completed in a more timely manner.

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