Can a spouse successfully prevent a court from granting a divorce?

Craig’s Answer:

The answer is no. California is a “no fault” state. The State legislature has decided that they do not want to compel people who do not want to be together to remain married. Further, we do not want people airing their dirty laundry in court because court is public record, and we certainly do not want our children to come back and read about our grievances years later. If one party says they do want to stay married and the other party says “no”, the “no” prevails and ultimately the dissolution will be granted. A party who does not want a divorce can choose not to participate, but the party wanting the divorce will proceed by what we call “default” and the divorce will be obtained anyhow.

Posted in: Divorce, Family Law