Sorry, but if one party says "irreconcilable differences" then there will be a divorce. It does not depend on "fault".
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
I am sorry you are going through this. It sounds like you have some rough economic times and really love your wife and child. Unfortunately once one person files, it cant be legally stopped unless both parties agree. However, as a practitioner whom have represented both men and woman in your situation, since there is custody involved, a narrative declaration can be filed in that regard where you can make it ABUNDANTLY clear that you do NOT want a divorce and will do anything within reason to reconcile the marriage. I would be happy to represent you in this and if not wish you luck.
Attorney Williams practices FAMILY LAW throughout the State of California and may be reached at (831) 233-3558 and offers free consultations. The response provided in this forum is not intended to create an attorney-client relationship. The information offered in this response is for general informational purposes only and should not be relied upon without further consultation with a legal professional after all relevant facts are disclosed and considered. DANIEL S. WILLIAMS, ESQ. LAW OFFICES OF DANIEL S. WILLIAMS 500 LIGHTHOUSE AVENUE, STE. A MONTEREY, CA 93940 (831) 233-3558 -- OFFICE (831) 233-3560 -- FAX
Sometimes the best thing to do is cooperate amicably with the process but get counseling for yourself because divorce is a painful experience. Do not go at it without a good marriage counselor. Things will get better soon. Best of luck.
This answer is provided by Manuel A. Juarez, Esq., 'El Abogado Hispano de California, and it is of a general context and is not intended to form an attorney client relationship. I am licensed only in California. This information is good only in California and it is not to be taken as legal advice on divorce, family matters, bankruptcy or in any other type of situation. Esta respuesta es del Abogado Hispano Manuel A. Juárez, 510-206-4492. Abogado Hispano de Divorcios, Accidentes, y Bancarrotas de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Soy licenciado solo en el Estado de California.
Anbody can get a divorce if the want to. In most states, a divorce is either contested or uncontested. If you challenge the action, you'll lose because nobody should be forced to be married to somebody who they do not want to be married to. As far as your baby, you have every right to be involved as a custodial parent. Husband and wife may end, but the roles of mom and dad are (usually) forever.
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