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What if One Spouse Does Not Want to Get Divorced?

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In the State of California, it is not necessary for both spouses to agree to the divorce.

In California, either spouse can decide to end their marriage. It is not necessary for the other spouse to agree. (See California Family Code, Section 2334(c)) Opens new window

The spouse who does not want to get a divorce cannot stop the process by refusing to participate in the case.  Non-participation will just lead to a "default" judgment, not to a dismissal of the divorce request.

 

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