No, you do not need consent from your spouse to file for divorce in California. California is a no-fault divorce state, which means that either spouse can file for divorce without the agreement or consent of the other spouse.
Key Points:
- No-Fault Divorce: You do not need to prove that your spouse is at fault (such as through adultery, abuse, or other wrongdoing) to get a divorce. The most common ground for divorce in California is irreconcilable differences, meaning that the marriage is irreparably broken, and there is no chance of reconciliation.
- Unilateral Filing: One spouse can file for divorce even if the other spouse does not agree, does not want a divorce, or is not actively participating in the process. The petitioning spouse simply needs to file the divorce papers and serve them on the other spouse.
- Response from the Other Spouse: After being served with the divorce petition, the other spouse has the option to respond to the petition, which may include agreeing or disagreeing with the terms of the divorce (such as property division, child custody, or spousal support). However, even if the other spouse does not respond, the divorce can still proceed.
- Default Judgment: If the spouse who is served with divorce papers does not respond within the required time (usually 30 days), the filing spouse can request a default judgment, meaning that the court can finalize the divorce based on the terms requested by the filing spouse.
Conclusion:
In California, you do not need your spouse’s consent to file for divorce. The process is designed to allow one spouse to file and pursue a divorce on the grounds of irreconcilable differences, regardless of the other spouse’s agreement.
