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Challenging Your Divorce

Everyone knows that it's possible to get a divorce. But what if you don't want to get divorced from your spouse? Is it possible to refuse to get divorced? The short answer is "no." If your spouse wants to get divorced, you can certainly try to talk him or her out of it. You can take your husband or wife out to dinner and reminisce about all the positive things that have happened over the course of your marriage. But, if these tactics fail, you are probably going to become a divorcee.

If emotional pleas are unsuccessful, do you have any legal recourse? Can you legally challenge your spouse's petition for divorce by forcing your spouse to prove in court why the marriage should be dissolved? Not in California. California follows "no-fault" divorce rules. This means that the judge does not examine the reasons why people want to get divorced. The judge will grant a divorce in a case where the divorce was no one's fault, and the judge will grant a divorce in a case where the divorce was clearly one person's fault-for example, the spouse was adulterous or physically abusive.

Although you cannot challenge your spouse's petition to end the marriage, you can challenge his or her proposals regarding property division, child custody, and support. An experienced family law attorney can inform you of your rights under the law, and advise you as to the many issues that arise when a marriage ends.

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William A. Feinberg 1928 - 2001

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