“Do I need my spouse’s consent to obtain a divorce? No. The spouse must be served and given a chance to respond, but the other party does not have to agree to the divorce. The other party does not need to sign anything.”
“What if I can’t find the other party? If the litigant has made every effort to locate the other party and the other party is truly missing, she may qualify for service by posting, or by publication if the litigant has sufficient financial resources.”
“My spouse and I lived together for many years before we got married. Does our living together count for property division and spousal support? No. The court only considers the period of time between the date of marriage and the date of separation.
“How long is this going to take? A dissolution of marriage takes at least 6 months in California . . .”
“Will I have to go in front of a judge? Maybe. Litigants whose family law matter proceeds by default may not need to appear in front of a judge.”
“What if the other party contests the case? The litigant will have to go to trial where a judge will make decisions. If the case involves minor children, the litigant will also have to attend mediation.”
“Can I obtain an order that the other party cannot visit the kids? Maybe, but likely there will be some type of visitation order unless there are extreme circumstances that warrant a no visitation order, such as the other parent is abusive to the children.”
“The other side does not pay any child support. Does s/he still have a right to see my kids? Yes.”
“If I move out of our house, will I lose custody of the children? Will I be charged with abandonment? No. California is a “no fault” state so you cannot be charged with abandonment. However, if you leave the children with your spouse for a long period of time, s/he could end up getting custody of the children.”
[California Family Law Basics [Certain Citations Omitted]]
