What to do when you want a divorce and your spouse doesn t?
If you properly served the divorce petition and your spouse filed an uncontested response, but won't sign off on the final divorce papers, courts in some states may allow the case to proceed as though it's uncontested. You may wait to be assigned a court appearance date.
Is it better to divorce or stay together for the kids?
Having said that, there is no reason to believe that staying together at any cost is better for children than divorcing. In fact, when parents who are unhappy together and engage in unhealthy relationship habits stay together "for the kids" it can often do more harm than good.
Can one spouse get everything in a divorce?
Under California's community property laws, assets and debts spouses acquire during marriage belong equally to both of them, and they must divide them equally in a divorce.