Generally speaking, you can get a divorce in the state of California even if your spouse doesn’t want to. However, it will likely be harder to obtain a favorable outcome in a timely manner if you take an adversarial approach to ending your marriage. Fortunately, there are some steps that you can take to work with your spouse.
It may be worthwhile to see a couples therapist
If your spouse is willing to attend a counseling session, it may be in your best interest to do so prior to filing divorce paperwork. Talking to a therapist may help you determine if ending the marriage is really what you want. Furthermore, it can help you understand why your spouse is so hesitant about working with you to accomplish that goal.
A divorce is an emotional process
There is a chance that your spouse will react in an emotional manner even if he or she may agree that it’s the right time to dissolve the marriage. Ideally, you will give this person some time to process what he or she is feeling before formally initiating the divorce process. This may make it easier to have a calm, mature and productive discussion about the process of formally ending the relationship.
Work with a mediator to craft a divorce settlement
As a general rule, it’s easier to craft a divorce settlement that each side can be content with by working with a mediator. Negotiating a settlement through mediation may be especially beneficial if you share a child with the person you are severing ties with. This is because there is no need for your son or daughter to appear at any of the mediation sessions.
If you’re thinking about ending your marriage, it may be a good idea to speak with a family law attorney. Even if you opt to craft a settlement through mediation, it’s worthwhile to have a legal representative review the agreement before it goes into effect.