In California, there are three options available for ending a marriage or domestic partnership—divorce, legal separation, or annulment. Either spouse or domestic partner can choose to end the marriage, and the other partner or spouse doesn’t necessarily have to agree. If the spouse or domestic partner who didn’t file for divorce decides not to participate in the case, then the petitioning partner will still be able to get a “default” judgment and successfully divorce.
California is considered a “no fault” divorce state, meaning the person asking for the divorce doesn’t have to show that the other person did something wrong. In order to achieve a no fault divorce, the petitioner has to state that the couple is no longer able to get along. The legal term for this is “irreconcilable differences.” It’s important to note that the California court system doesn’t give preference to the first person to file for divorce. This means that being the respondent in a divorce case isn’t necessarily a disadvantage.
If you’re considering filing for divorce in San Jose, contact Moreno Family Law at (408) 266-9011. Our firm has more than 20 years of family law experience, and our compassionate divorce attorneys will fight for your rights every step of the way.