Can I divorce my wife in California if she is not in favor of it? 15 Answers as of March 10, 2011

I need to get divorced on no fault grounds. I have one daughter, who lives with my wife. I am willing to do whatever I have to in order to divorce, and will pay for child support. Can I divorce if my wife is opposed to it?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Daniel B. Rubanowitz, APC
Law Office of Daniel B. Rubanowitz, APC | Daniel B. Rubanowitz
In short, California is a "no fault" state and you can divorce your spouse whether or not the other party consents. Generally, in California, the party seeking a divorce must present evidence to the Court of irreconcilable differences (i.e., that there is an irreparable breakdown of the marriage and there is no reasonable possibility or desire of reconciliation). There are other grounds for divorce which can be addressed at another time.
Answer Applies to: California
Replied: 3/10/2011
Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
Yes, you can divorce even if she not going to agree. California is a no fault state.
Answer Applies to: California
Replied: 2/7/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Yes. All you need to dissolve your marriage in California are irreconcilable differences that have led to an irremediable breakdown of the marriage. No testimony is required beyond those conclusory words to dissolve a marriage. An irreconcilable difference could be: one party wants a divorce and the other doesn't. Retain a Family Law Attorney to represent you or file your divorce case yourself.
Answer Applies to: California
Replied: 1/31/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
Yes. It only takes one party to request and process a divorce. If your wife refuses to respond or cooperate with the process, then you can get a dissolution judgment by default. Any way you slice it, if one party wants a divorce, there is no way for the other side to stop it.
Answer Applies to: California
Replied: 1/31/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
Yes you can. In California, you do not have to agree to divorce. Contact me for a free consultation to discuss your options.
Answer Applies to: California
Replied: 1/31/2011
    Bartholomew & Wasznicky LLP
    Bartholomew & Wasznicky LLP | Hal D. Bartholomew
    In California, it only takes one party (Husband or Wife) to say that "irreconcilable differences" have entered into the marriage and therefore the marriage should be dissolved. In other words a dissolution of marriage will occur even if the other party does not want a divorce.
    Answer Applies to: California
    Replied: 1/31/2011
    Saddleback Law Center
    Saddleback Law Center | Paris Kalor
    Of course you can divorce your wife even if she opposes it!
    Answer Applies to: California
    Replied: 1/31/2011
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    Yes, it only takes one
    Answer Applies to: California
    Replied: 1/31/2011
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    Yes. You are able to get a divorce even if your spouse does not want to. If you have any further questions, please let me know.
    Answer Applies to: California
    Replied: 1/31/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If she lives in California, yes, you can file in here and divorce her. California is a no fault state so even if she does not want to divorce the court will grant it.
    Answer Applies to: California
    Replied: 1/31/2011
    Pisarra and Grist
    Pisarra and Grist | David T. Pisarra
    California, like all states is a no-fault state. All you have to do is file for a divorce, serve her, and then go through the process. You should buy and read my book, it is 120 pages and will answer many questions for you. I promise it will save you thousands of dollars. It's called A MAN'S GUIDE TO DIVORCE STRATEGY, it is available on Amazon, Barnes and Noble and my website as an e-book download.
    Answer Applies to: California
    Replied: 1/31/2011
    Law Office of Stephen Pearcy
    Law Office of Stephen Pearcy | Stephen Pearcy
    Yes.
    Answer Applies to: California
    Replied: 1/31/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    A simple yes answers your question. You may need the help of a lawyer to push the case to completion, but your wife cannot stop the divorce from happening.
    Answer Applies to: California
    Replied: 1/31/2011
    Maclean Chung Law Firm
    Maclean Chung Law Firm | G. Thomas MacLean Jr.
    Yes you can. California only requires that one person desire to get divorced to proceed and finalize a divorce, and your wife may oppose the action
    but will not be able to prevent you from getting divorced.
    Answer Applies to: California
    Replied: 1/31/2011
    Goodman, Dicus, and Teinert, LLP
    Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
    Yes, you can still obtain a divorce even if it is against your spouse's wishes. You just need to file the appropriate paperwork with the court and serve it on your spouse. If you would like the assistance of a family law attorney with your matter do not hesitate to call our office.
    Answer Applies to: California
    Replied: 1/31/2011
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney