In Temecula, as in all of California, anyone can get a divorce at any time and for any reason. This is what is meant by “no fault.” It does not matter if one spouse wants a divorce and the othe spouse doesn't. There is no blocking a divorce, and no one needs “permission” to get a divorce; the fact that one person wants a divorce is called “irreconcilable differences. This is the only grounds for divorce that are needed in California.
The terms of a Calif divorce are not based upon either spouse's behavior unless that behavior causes the spouse to be dangerous to the parties' children. This, of course, will affect custody and visitation. Otherwise, the court will not even allow testimony on either spouse's behavior.
Because the parties do not need a reason to get a divorce in California, it always takes at least six months and one day until the divorce becomes final. The six month waiting period only begins after the divorce paperwork has been filed, and the Respondent (the party to be served) has been properly served. The six month requirement to obtain a divorce is called a “waiting period.” It is to make sure each spouse has had enough time to think about their decision to obtain a divorce before the court dissolves the marriage.
Since a California divorce does not happen automatically, at least one person must always file the appropriate divorce paperwork to move the divorce along. At all stages, it is up to at least one party to move the case along toward a divorce judgment.
