Is California a No-Fault State for Divorce?

Getting a divorce is tough on many people. The emotions of ending the life you built with someone else can be fraught with complications, even if both of those people are ready to move on. 

Laws in the state of California, though, make it so that it’s only necessary for one party to want to move on in order for the divorce to go through. 

Read on to learn more about how no-fault divorce works in California. 

How Does No-Fault Divorce Work?

California is notable for being the state that pioneered the concept of a “no-fault” divorce. But what is a no-fault divorce, and what are its legal implications?

Basically, having a no-fault divorce system allows either party to end the marriage without the willing consent of the other person or having to show that marital misconduct occurred. 

In order to get a divorce, one spouse needs only ask the court for a dissolution of the marriage due to “irreconcilable differences”—which is just another way of saying that as a couple you no longer get along. 

The no-fault divorce system is different from the traditional fault system, in which one of the spouses requests the divorce on the grounds that the other inflicted emotional cruelty, committed adultery, or made some other sort of marital faux pas. 

How to Get a Divorce in California 

Before asking a California court to grant your divorce, it’s necessary for at least one of the spouses to have lived in the state in an official residential capacity for at least six months. 

The process of getting of divorce can be a long one. If you don’t own any property or have any kids and have been married for less than five years, you might be able to speed it up through a summary dissolution. In these instances, you and your spouse may be able to skip meeting a judge by submitting a form that details how you plan to split up your assets and debts. 

Otherwise, a normal dissolution of marriage involves multiple steps. One spouse has the divorce petition served on the other, and the respondent has thirty days to respond. From there, some of the main questions involve child custody; splitting up of property liens, assets, and debts; and spousal support. 

If the parties are in agreement to terms after the discovery phase, then a contract is signed and the terms become binding. If not, a divorce trial takes place, which can extend the process even further. 

In light of the many layers of complexity involved in going through a divorce in California, most divorcing spouses elect to retain the services of a divorce attorney to make sure their interests are protected. 

Reach Out to a Divorce Lawyer in California 

Even if you file for divorce citing irreconcilable differences, that’s only the beginning of the process. A divorce lawyer with The Law Office of Laurence J. Brock can help you make sure your divorce goes as smoothly and expeditiously as possible. 

Call 909-466-7661 or fill out the form that follows to get started today.