Family Law Blog

In California, Divorce Can Be Nobody’s Fault

Thursday, April 26, 2018

If you are contemplating a divorce, you may have many reasons for wanting to dissolve your marriage. If you live in California, however, you don't need to sit down and make a laundry list of all the things your spouse did that caused the divorce. There is no need to assign any blame or prove any wrongdoing on the part of your spouse.

The state of California is a "no-fault" divorce state. This means that couples who wish to divorce do not need to show evidence of misbehavior or transgression as the grounds -- the legal reason -- for the divorce. Fault is not a factor. In the majority of divorce cases in California, couples state irreconcilable differences as the grounds for the divorce. What this means is that you and your spouse can state that your marriage is beyond repair and, for that reason, you want to terminate the marriage. The other grounds for divorce in California is incurable insanity.

Each state has its own laws regarding divorce. In California, no divorce can be finalized until six months after the filing. If there is reason to believe that you and your spouse may reconcile, the judge in your case may stop the divorce proceedings for a period of up to thirty days.

While fault is not a factor in terms of the grounds for divorce in California, it can be a consideration for other aspects of a divorce settlement. The California courts can consider fault when making determinations regarding property division or awarding alimony.

Divorce can be complicated. If you have questions regarding the grounds for divorce, or any other aspect of the divorce process, contact us today. The experienced divorce lawyers at Jamra & Jamra work with you every step of the way to ensure the best possible outcome in your situation.