What if my spouse or domestic partner does not want to give me a divorce?

In California, it is not necessary for both spouses or domestic partners to agree to the divorce. Either spouse or domestic partner can decide to end their marriage/partnership. It is not necessary for the other spouse to agree or “give you” a divorce.

The spouse or domestic partner who does not want to get a divorce cannot stop the process by refusing to participate in the case. He or she does not have to sign anything to agree to the divorce. If your spouse or domestic partner does not participate in the divorce case, you will still be able to get a “default” judgment and the divorce will go through.

The Law Office of Chow & Losinski represents family law clients in Alameda County and Contra Costa County including the cities of San Leandro, Pleasanton, Hayward, Oakland, Union City, Fremont, Dublin, Castro Valley, Livermore, San Lorenzo, Danville, Lafayette, Richmond, San Pablo, Walnut Creek and San Ramon.