California Divorce Information
In Temecula, as in all of California, you can get a divorce at any time for any reason. This is why California is labeled as a no-fault state. It does not matter if you want a divorce and your spouse does not. Your spouse cannot block the divorce, and you do not need permission from your spouse to obtain one. No one needs to let you get a divorce; the fact that you want a divorce and your spouse does not is called irreconcilable differences. This is a basis for a divorce in California.
A no-fault divorce also means the terms of a divorce are not dependent upon either party's behavior. It does not matter if one person was bad and one person was "good" during the marriage. The result of the property division will still the same. Unless one spouse's behavior affects his/her ability to be a good parent, the court will not even allow testimony about all the bad things one person did to the other. This is what is meant by a "no-fault state."
Since a divorce does not happen automatically, at least one person must always file the appropriate paperwork to move the case along. At all stages, it is up to at least one party to notify the court that the waiting period has expired, that the Respondent has not filed an answer, or to request a hearing in front of a judge. Even after appearing in court, the divorce paperwork must be prepared and filed in order to put the judge's orders in writing. Many times, it is up left up to the parties' divorce attorneys to make sure the divorce moves along toward a judgment by filing the correct papers in the right order and appearing in court whenever necessary.
If you have any questions about your California divorce, or any other family law related issue, please contact our office to make an appointment for a free consultation with one of our experienced family law attorneys.