can i contest a divorce in a no fault community property state? or can separation/ counseling be required?

If your husband has filed a divorce petition, then he has alleged that your marriage is irretrievably broken, which is the only grounds available or necessary in a no-fault state. You cannot contest the divorce itself since it's only necessary that one of the parties state that the above grounds exist for the court to grant the divorce. You cannot force your husband into counseling if he chooses not to go. Your only option is to make sure that you receive an equitable division of assets and debts and to receive any maintenance (alimony) to which you might be entitled. If there are minor children, then other issues come into play as well. Call me or a local, Racine area attorney who provides free initial consultation, if you have additional questions about protecting your legal rights!

Actually, the last time I looked, California had two grounds, irreconcilible differences and incurable insanity. Both of these are subject to proof at trial. Now irreconcilible differences is obviously proven if one party testifies to it, which is why I tell mediation clients that divorce is a "right" in California.

On the other hand, I suppose that if someone checked off the (virtually never used) "incurable insanity" box, expert testimony would be required, which, of course, could be refuted by other expert testimony. So, in that sense, a divorce might be successfully contested, although I know of no such case in my 35 years as an attorney.

Alec Wisner
www.wisnerdisputeresolution.com