Since you’ve probably tried counseling, and tried to make the marriage work, but you are still feeling unhappy despite everything you have done.  You are struggling with what to do because you no longer want to remain married. After all efforts have been exhausted, you have started talking about seeking a divorce in California even after they have expressed the desire to remain married. Your spouse is refusing to accept that your marriage is falling apart. You start to think that if they don’t cooperate, will the divorce still happen?

Some might think that they can remain married to their spouse and that the court will not grant a divorce if the unwilling spouse does not want a divorce or is uncooperative. Unfortunately, if someone wants to get divorced, there really is not much you can do to stop the legal proceedings. You can’t force someone to remain married to you. Even if you refuse to respond to the Summons and Petition, the other person could seek a default against you and the court will grant the divorce regardless.

Refusing to cooperate in a divorce proceeding is not a smart thing to do as the court will often times make decisions that could affect whether the person receives spousal supportchild support, and many other orders. In difficult moments such as these, the best thing to do is to talk to a skilled Southern California divorce attorney that will have your best interest in mind and fight for what you are entitled to.

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Albrecht & Albrecht