California was the first state to accept no-fault divorces, which streamlines the process of ending a marriage. This is beneficial when both spouses want a divorce because they don’t have to pretend one of them did something terribly wrong. When only one person wants to end the marriage, this law benefits that person but is not so favorable to the other. Either of these individuals may seek Family Law Advice in Folsom CA from a licensed attorney to learn the best way to proceed.
Most states have followed California’s lead and made it easier for one spouse to obtain a divorce by citing irretrievable breakdown of the marriage or irreconcilable differences. In these states, the other spouse cannot technically block the divorce, although some strategies may delay its finalization. An attorney providing Family Law Advice in Folsom CA usually will accommodate the wishes of the client, but it should be noted that delay tactics can result in increasing levels of animosity. The couple may prefer to avoid this if children are involved.
In California, the person who wants the divorce files a petition for dissolution of marriage, typically with the help of a lawyer. The other spouse may hire an attorney to represent his or her legal interests. One strategy for delay would be to dispute how assets should be distributed. A mediation process could be initiated, allowing the spouses to discuss the details under the supervision of an impartial mediator. Litigation in court is another way to divide assets, but it takes all control away from the spouses. Now a judge makes the decisions, and both spouses may be dismayed at the outcome. In the end, the divorce goes through anyway.
If the non-petitioner truly wants the marriage to continue, these tactics probably will not work. Better and healthier strategies might involve asking the other spouse to participate in marriage counseling or making a definitive commitment to changing aspects the other spouse is unhappy about. Even if the spouse has filed for divorce, the process can be halted; this is easiest within the first 30 days after filing. A person facing an unwanted divorce may Visit Law Office of Hugh O. Allen for assistance.
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