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No Fault Divorce California


No Fault Divorces Defined:

A no fault divorce refers to any divorce where the spouse requesting divorce does not have to prove that the other spouse did something irrevocably wrong to ruin the marriage. All states in the U.S. allow for the filing of a no fault divorce. 

To file a no fault divorce, a spouse must simply state a reason for the filing that is formally recognized by the state. In the majority of states, it is sufficient to declare that the couple simply cannot get along (filed formally as “irreconcilable differences”, “irremediable breakdown of the marriage” or “incompatibility”). In some jurisdictions; however, the couple is required to live apart for a certain period of time before they are allowed to file for a no fault divorce. 

In summation, a no-fault divorce is dissolution of marriage that requires neither a showing of poor behavior of either spouse nor the undertaking of any legal proceedings. Statutes providing for no-fault divorces permit family courts to grant a divorce in response to a complaint by either spouse, without requiring a spouse to provide evidence that the responding party has committed a breach of the marital contract. 

No Fault Divorce California:

In the state of California, all divorces are regarded as “No Fault” divorce, meaning a spouse asking for a divorce does not have to prove fault on part of the other spouse. Generally, a California spouse who files for dissolution of marriage does so because of “irreconcilable differences.” This simply means the two spouses cannot get along. 

In the state, it does not matter if one spouse had an affair or abandoned the other to secure a no fault California divorce. California divorce law, therefore, does not punish parties who have less property or more pay obligations because of infidelity. 

In a no fault California divorce, the spouse filing for a divorce (petitioner) and the spouse responding to the divorce claim (respondent). That being said, there is no legal advantage to being the petitioner or respondent; however, in certain circumstances, there may be a strategic advantage to being the first to file for a no fault divorce California. 

Because California is a no-fault divorce state, it only takes one spouse to file for divorce. If the other spouse does not want a divorce, there is little they can do to prevent the filing—the respondent may only delay the filing through legal maneuvering. 

Although California is a uniform no fault divorce state, there is a six month “waiting period” for dissolution to be finalized in the state. This; however, does not mean that a settlement will automatically happen in a six month time period. Many California residents assume that, since six months have passed, that their divorce will be finalized. 

The reality for no fault California divorces is that six months is the earliest the state court will grant to finalize a divorce. Spouses may not remarry in the state while a no fault divorce California is pending. 

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