Legal separation is not an option in California unless your spouse agrees to go this route or he defaults after you have him served with your petition.This means he must either refuse to participate in the process, allowing it to proceed without objection, or file a response to your petition, consenting to the legal separation.This action has a three year statute of limitations and doesn’t require sexual relations, unlike an action for “criminal conversation”.The good news, however, is that both of these actions have defenses that can be raised in court.Most couples receive no real benefit from a legal separation rather than a divorce.It’s generally only suitable when your relationship has deteriorated to the point where you no longer want to be married but, for personal reasons, divorce is not an option.Either spouse or partner can decide to end the marriage, and the other spouse/partner, even if he or she does not want to get a divorce, cannot stop the process by refusing to participate in the case.If a spouse or domestic partner does not participate in the divorce case, the other spouse/partner will still be able to get a “default” judgment and the divorce will go through.
(3) The rents, issues, and profits of the property described in this section.
You must choose between irreconcilable differences or the incurable insanity of your spouse.
The similarities between filing requirements end there, however.
California is a “no fault” divorce state, which means that the spouse or domestic partner that is asking for the divorce does not have to prove that the other spouse or domestic partner did something wrong.
To get a no fault divorce, 1 spouse or domestic partner has to state that the couple cannot get along.
North Carolina law still permits an action for “alienation of affection” against a third party whom the plaintiff feels is responsible for ending the marriage.