Can I get divorced without my spouse?
Can I get divorced without my spouse?
The fact is that California is a no fault state and you do not need your spouse’s signature in order to get a divorce. If your spouse fails to file and serve you with a response, you can file a request for default against your spouse after 30 days. You can also file a proposed judgment for the court to approve.
Is it better to serve or be served in a divorce?
One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition. The person who files for divorce also chooses the jurisdiction in which they litigate the divorce.
Does the wife automatically get half 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. (Cal. Code § 2581) Some couples are able to agree on how to divide all their property and debts, like deciding who gets the house in a divorce.
Is alimony paid for life?
Well, we’re here to tell you this is not the case. California state law dictates that spousal support is not permanent! 1) The paying spouse does not have to pay spousal support indefinitely. 2) The supported spouse is expected to become self-supporting.
How long does an ex husband have to pay alimony?
Generally, for short-term marriages (under ten years), permanent alimony lasts no longer than half the length of the marriage, with “marriage” defined as the time between the date of marriage and the date of separation. So, if your marriage lasted eight years, you may expect to pay or receive alimony for four years.
What does a judge look for in a divorce?
The court will look at meeting the needs of both parties, including ensuring their housing and income needs are met. If these needs are met from the available assets and there is a surplus, the court may consider the origin of certain assets in deciding how the remainder is divided.
What if husband filed for divorce?
Normally, The wife has a right to turn down a divorce; she can refuse to divorce even after filing a petition for divorce through mutual consent. In such a case, as the husband wishes to divorce, he will have to separately petition to the court to grant the divorce.
