If you aren’t happy in your marriage, you have the right to get a divorce with or without your spouse’s permission. California law allows for no-fault divorces, which means that you don’t need a specific reason to terminate your relationship. Of course, there will likely be additional steps that you’ll want or need to take if your partner doesn’t want to dissolve the marriage.
You may receive a summary judgment
Your partner may decide not to submit an answer to your divorce petition. It’s also possible that your partner won’t appear in court or make other efforts to negotiate a divorce settlement. In such a scenario, the judge in your case may find in your favor by default and enter an order regarding property division and other issues that might be relevant in your case.
Your spouse may come around
Your spouse may seem hesitant at first to engage in divorce proceedings because it may be painful to lose a loved one. However, given enough time, your partner may realize that making an effort to negotiate a settlement may be easier than trying to deny reality. This person may be even more likely to come around if children are involved. At some point, your partner will come to the conclusion that allowing a divorce to drag on isn’t in a son or daughter’s best interest.
A divorce proceeding doesn’t have to be adversarial
A mediator may be able to aid in the process of helping your spouse see your point of view. Mediation is a process during which each side gets to discuss their feelings in a safe and honest manner. In some cases, having an opportunity to express and process emotions in a healthy manner can ease the tension and allow proceedings to move forward.
For many, ending a marriage is the most traumatic thing that they’ll experience. This may be true even if the divorce is amicable. For best results, it may be a good idea to start preparing for divorce long before filing paperwork in a county or city court.