Is No-Fault Divorce Possible in California?

If you are totally unfamiliar with divorce in California, you might assume that you need a specific reason to end your marriage. You might have heard of various “grounds for divorce,” and perhaps you are wondering whether this applies to your situation. But is it possible to file for divorce in California without giving an official reason? Is “no-fault” divorce possible in the Golden State? Navigating the complexities of divorce law in California can be daunting, but with the guidance of an experienced divorce lawyer, you can understand your rights and options, whether you’re pursuing a no-fault divorce or facing other legal considerations.

What is No-Fault Divorce?

When someone files for a no-fault divorce, they aim to end their marriage without giving a specific reason. Technically speaking, the “reason” behind a no-fault divorce is something called irreconcilable differences. This term is intentionally vague and open-ended, and it may encompass a range of potential issues. In general terms, however, it means that the marriage just is not working out. Perhaps most notably, there is no requirement to prove anything as you approach a no-fault divorce. In California, a spouse is fully justified in filing for a divorce as soon as something does not feel right.

Do Both Spouses Need to Consent for a No-Fault Divorce in California?

In California, both spouses often mutually agree that a marriage is no longer working out. However, this is not necessary – and one spouse can file for divorce even if the other wants to keep the marriage going. This is important because it makes escaping an abusive or manipulative marriage very easy. You do not need permission from your spouse to file for divorce, and you do not even need to warn them ahead of time.

Does it Matter Who Files First in a No-Fault Divorce?

Generally speaking, it does not matter who files first for a no-fault divorce in California. Since neither spouse alleges fault in the initial filing process, neither spouse has a particular advantage from a legal perspective. That being said, spouses can still make all kinds of allegations after the divorce petition has been filed. For example, one spouse might allege that the other has committed child abuse during the marriage – even if that spouse initially filed for a no-fault divorce. Spouses might consider a consultation with a divorce attorney to clarify this potentially confusing situation.

Does a No-Fault Divorce Cost Less?

A no-fault divorce has the potential to have low legal fees, but this is not always the case. When you remove the burden of proof for filing for divorce, there are fewer legal requirements. However, spouses may still need to pursue expensive, time-consuming litigation after filing a no-fault divorce. Only an “uncontested” divorce has the potential to avoid litigation – and this is something that many spouses confuse with a no-fault divorce.

Find a Divorce Attorney in California

While the term “no-fault” implies an easy process, this is not always the case in California. You may not need a reason to file for divorce, but the legal process could be challenging for a number of reasons. Perhaps most notably, you and your spouse may have numerous disputes that need to be resolved. In order to learn more about no-fault divorce in California, consider a consultation with our team of experienced divorce lawyers or call RM Law Group at 866-706-3160 at your earliest convenience.