California is a 'no fault' divorce state. This means that it is unnecessary to prove a reason for wanting a divorce. In essence, the basis in most instances is 'irreconcilable differences' which simply means that you do not get along. The only other basis is 'incurable insanity' which would have to be proven by doctors etc. and is seldom used.
If your spouse does not wish to divorce, you can still get divorced. The California courts are interested in the issues of the divorce--things like property, children, assets, debts etc.
When your spouse is served, he has 30 days to respond. If he responds then you will be in a contested divorce and will need a trial in order to have the judge make a decision on your issues. You could also agree on your issues by having a stipulation prepared. However, if you have no issues and your spouse simply does not wish to divorce--you will still get your divorce.
Answered on Jul 24th, 2014 at 12:43 PM