Is California a No Fault Divorce State?
Divorce can become a messy situation, especially if there are many factors to consider during the process. One such question that might be brought up is if Califoria is a no fault divorce state?
Read what you should know here.
Introduction
When you got married, there is a good chance that you genuinely believed you would be together for better or for worse. You knew life would bring good times and bad, but with the strength you have as a couple, you assumed you would get through it all as a couple.
Sometimes life has other plans.
If you find yourself looking face-to-face with the possibility of divorce, you are not alone. In fact, census statistics from 2019 show the divorce rate, while declining, is still at 7.6%. Through this tough time, it is important to know your rights and entitlement in the State of California.
What brings you to divorce? Did one of you do something to cause the relationship to sour? Is it because you just can’t get along? And, most importantly, is California a no-fault divorce state?
The Impact of Divorce
Some divorces are simple and bittersweet. Both parties are in agreeance and the divorce process moves rather efficiently through the court system. Without much ado, both parties can be moving forward with their newly- single lives in no time.
Other divorces, though, have a much different outcome. Sometimes the impact of a divorce is enough to drastically change lives negatively. These impacts are often not expected, but are very real:
- Relationships between you and your spouse – as well as those with mutual friends – will be interrupted, changed, or even shattered.
- Children are resilient, but divorce can change their perceptions of a lot of things.
- Financials and assets will be divided between you and your spouse. These battles can quickly turn ugly.
While you get to start over with your new life after a divorce, it is always a good idea to exhaust all efforts before proceeding with this decision of finality. Often, divorce feels like a business transaction between two people. You would not decide to close up your business unless you tried everything and hope was lost, right? Be sure divorce is the right – and permanent – solution.
A Fault Divorce: What Is It?
There is usually a reason why a couple gets a divorce. It could be simply that you have grown apart and no longer have any desire to be married to one another. But it could also be that one of you did something – such as having an adulterous affair, a damaging addiction problem, engaging in abusive and/or cruel behavior, or deserting the other spouse for an extended amount of time.
With a fault divorce, one person is labeled as the one who caused the divorce – he or she is at fault.
You may be wondering if it matters. Some states require couples to wait for a set length of time before they grant them a no-fault divorce. That means if fault can be proven, then the divorce can proceed immediately rather than waiting. Also, those who are found at fault usually always receive a lesser share of the marital assets.
A No-Fault Divorce: What Is It?
A no-fault divorce means just what its name suggests – no one is at fault. Sometimes divorces just happen. The petitioner does not have to prove that the other spouse did anything wrong. It is a matter of irreconcilable differences or just being incompatible.
When it comes to filing for a divorce, each party is viewed as a contributing partner to a marriage that didn’t work – and the assets of the union are divided accordingly. There is no good guy or bad guy.
This is often the easiest way to reach a successful divorce.
Is California a No-Fault Divorce State?
Yes, California is a no-fault divorce state. There is no need to blame someone else or remain in an unhappy marriage. And no one is under the pressure to prove faults, such as adultery or domestic violence. Assets are divided as if neither party wronged the other.
The simple statement that the couple can no longer get along is all that is needed for divorce proceedings to commence.
Divorce in California: What You Should Know
If you find that divorce is the answer for you and your spouse, then there are a few things you should know about how things work in California.
- The property you had before you got married, received as a gift during your marriage, or after the date of separation is to remain your property. The courts refer to this as separate property.
- Community property is that which was acquired together as a couple when you were married. This will likely be equally divided.
- Spousal support may be awarded based on things such as the length of the marriage, domestic violence, ability to pay, and so on.
Finally, those who approach divorce as a means to an end, with a willingness to compromise tend to get through it much easier than those who have a sense of entitlement.
How an Attorney Can Help
Divorce can be tough – from the time the big “D” word joins the discussion all the way until the divorce is final – and even after. Emotions run very high since something that you thought you’d never lose is coming to an end, whether or not by choice.
Throughout the entire process, it is often hard to make well-thought-out decisions about your future. This is especially true when it comes to dividing assets – you will want a clear mind. To make sure your decisions are sound and your negotiation skills are top-notch, you should always consider having an attorney on your side.
Not only will a divorce lawyer be well-versed in the laws of California and know precedents that may help your case, but he or she will be that one person who stands firm to make sure you are going to pull through the divorce and come out on the other side in the best position possible.
If you do find yourself heading toward a divorce, know that California and its no-fault divorce can make the process less painful, moving you through the court system faster and more smoothly. And, as always, hiring an attorney can help guide you along the way.
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