We have been married less than five years. No kids. Very little joint property together
2006-06-18 02:07:59 · 16 answers · asked by joe f 1 in Family & Relationships ➔ Marriage & Divorce
I live in California, what is the time limit here before the courts will step in and grant me a divorce?
2006-06-18 02:16:28 · update #1
Grounds For Divorce
What are the grounds for divorce in California ?
In California , a divorce is officially called a dissolution of marriage. In a dissolution, the court declares the matrimonial contract broken. Historically, divorces could only be granted within specific parameters such as adultery and mental cruelty. However since the application of statute no. 2310 in 1970, those limitations have been removed.
Today, a divorce is granted on the grounds of "irreconcilable differences." Irreconcilable differences are any grounds that the court determines to be substantial reasons for the marriage not to continue. California was also the first state to implement the concept of a "no-fault divorce." In effect, this means that if a married person wishes to terminate the marriage, he/she can do so, even if the other person disagrees. Another statute related to irreconcilable differences is statute no. 2334, where if it appears that there is a reasonable possibility of a reconciliation, the court will continue the divorce proceeding for up to 30 days. After the continuance ends, the court may enter a judgment of divorce on the motion of either spouse.
Finally, a marriage may be dissolved on the grounds of incurable insanity -- but only if the husband or wife can prove by competent medical or psychiatric testimony that the insane spouse was incurably insane at the time of the marriage.
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=63754021802+0+0+0&WAISaction=retrieve
http://www.leginfo.ca.gov/calaw.html
2006-06-18 02:26:00 · answer #1 · answered by fun_guy_otown 6 · 0⤊ 1⤋
Most states have a time limit. In Pennsylvania, if one person refuses to sign the court will bring both parties in after 24 months of filing (yes 2 years). At that time both parties will provide reasons they want/don't want a divorce. The court will also be prepared to divide assets (if any remain). I've never heard of a court that refused to grant a divorce, so I'm sure once she's presented with the divorce papers and realizes how real it is....she'll sign just to be rid of you (unless you are seeking something she wants).
2006-06-18 02:12:52 · answer #2 · answered by tjjone 5 · 0⤊ 0⤋
in california there are no papers that she has to sign. you file a case against her and then she is served with her papers. she then has the option to Respond, by filing her own paperwork with the courts. if she does not respond you then can file your Defult paperwork. and the divorce procedes without her. contact the family law division of your local courthouse and get info on meeting with the courts Family Law Facilitator. this process can be complicated but the Facilitator can assist you, for free, in filling out your paperwork. good luck!
2006-06-19 14:22:30 · answer #3 · answered by m 4 · 0⤊ 0⤋
Go to marriage counseling. Don't take the easy way out like so many people do now; marriage is often crummy in the first years, for MANY people. Ride out the storm and the end will come. Then another storm will come. Ride that one out. Keep doing that until you and your wife know each other so well that storms won't come anymore, because you'll each know how to prevent them. Please don't give up on the person you love; even if you can't stand her right now (or for the past couple years), you'll love her again and even more than your did if you can figure out how to get past this hard part.
2006-06-18 02:14:31 · answer #4 · answered by Iamnotarobot (former believer) 6 · 0⤊ 0⤋
First of all, have you thought over the consequences of getting divorced and the emotional trauma that both of you have to undergo? If you think speaking to somebody will help reconsidering your decison, then i would like to ask you and your wife to meet a relationship cousellor first and if you still fell that things will not be working out, then you can consult a lawyer. But, think twice before deciding as many people tned to repent their decisons after everything is over.
2006-06-18 02:20:01 · answer #5 · answered by its_anoo 2 · 0⤊ 0⤋
I'm trying to divorce and he won't sign the papers. It has been three years and the judge keeps giving continuances. Hopefully it will be resolved soon by the judge. It is called a contested divorce.
2006-06-18 03:18:42 · answer #6 · answered by boo66_2001 3 · 0⤊ 0⤋
Get an attorney and if she doesn't sign the paperwork for divorce you will still win the divorce based on "default".
2006-06-18 02:11:41 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Seek professional help. You still may get it without her signing. I do believe most will give you the first visit for free hen you will have to pay to hire them. I hope things work out for the best for you.
2006-06-18 02:14:51 · answer #8 · answered by Sander 4 · 0⤊ 0⤋
You don't need her signature OR her consent. You just file your paperwork, have her served with it and if she responds, great. If she doesn't, your disso is granted by default. It takes about 6 months if it's uncontested.
2006-06-24 20:26:27 · answer #9 · answered by Samba Queen 5 · 0⤊ 0⤋
Try a little kindness, to overlook the blindness of stubbornness.
Have either of you considered the possibility of a trial separation???
2006-06-18 02:17:47 · answer #10 · answered by Angel Wings 5 · 0⤊ 0⤋