Legal Question in Family Law in California
What is a husband has filed for divorce twice already, and the wife refused to grant the divorce, but the wife has already remarried and been married for over 5 years?
3 Answers from Attorneys
Not sure if I understand what you are saying. First, if the previous marriage did not end in a divorce then her current marriage is illegal and invalid. Second, she does not have the power to grant a divorce. Only a judge can. Whether she agrees or not the husband can still get a divorce. Difficult, yes. But not impossible.
In other words, you can file your divorce, have it served and, if she does not respond, you can take her by default. Relatively simple!
The wife does not need to consent to the divorce. Effectively, in California, divorce is granted at the request of one party.Maybe an attorney could make this real easy for you.
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