California has the power to dissolve any marriage or domestic partnership when one party desires to do so. If you want to end your marriage but your spouse does not, you might be in for a battle but you do not have to stay married.
FIRST - HIRE A LAWYER
If your spouse does not agree to the divorce, there is likely to be some fallout, both legally and emotionally, when you do file. Find a highly skilled attorney who can help you through the practical matters of filing for divorce, and who is not going to be intimidated by your angry spouse. Make clear demands for child support and custody, spousal support and division of assets - based on what you want, need and deserve, not on what might appease your spouse.
The law does not require married spouses to live together. If you share children and wish to retain custodial rights, it is not a good idea to move out without your children. Speak to your attorney before you make any move which might jeopardize your parental relationship.
ASK FOR AN ORDER OF PROTECTION
If you fear physical retaliation from your spouse, you can petition the court for an order of protection - also called a restraining order. If your spouse has a history of violence and you fear for your safety or the safety of your children, you may want to consider relocating to a shelter temporarily.
In order to complete your divorce you and your spouse must agree on all issues, or a judge will decide them for you. If your spouse is not on board with the divorce, he or she may be inclined to contest the resolution of some or all issues. This is likely to increase the animosity between you and add significant time and money to the process.
If your spouse is determined to make your divorce as difficult as possible, have a great divorce attorney at your side from the start. We have been serving the San Diego area for more than 35 years