Filing for Divorce in California: Fault or No-Fault?

In 1970, California was the first state to replace its traditional fault-based divorce system with no-fault divorce. Moving to a no-fault divorce system saved time and money for parties, as there was no longer a need to present evidence in order to prove “fault” in a marriage that qualified as a ground for divorce under California law. Therefore, if you are filing for divorce in California, you must do so on the grounds of irreconcilable differences, or no-fault divorce.

Defining Irreconcilable Differences

The no-fault ground for divorce, or irreconcilable differences, includes any reason that the parties should not remain married. There is no need to present evidence in support of that reason; for instance, if one spouse has committed adultery, the other spouse does not need to present evidence to the court showing that the adultery occurred. Rather, the court simply accepts a spouse’s claim that the parties have irreconcilable differences, for whatever reason, and that the court should grant a divorce.

Advantages of No-Fault Divorce

As noted above, a no-fault divorce system eliminates the need to present evidence of a fault-based divorce ground, which can save time and money in terms of investigation and presentation of evidence. Another advantage of no-fault divorce, however, is the fact that it is no longer necessary for both spouses to wish to be divorced. Under a fault-based divorce system, if one spouse did not want the divorce, then he or she could contest the fault-based ground for divorce, and substantially delay the divorce proceedings, if not prevent the divorce altogether. On the other hand, under a no-fault based divorce system, if one spouse wishes to be divorced, then the court ultimately must grant the divorce, whether or not the other spouse agrees with or wants the divorce or not.

Implications of No-Fault Divorce

One important implication of a no-fault divorce system is the fact that fault does not enter into the division of assets during divorce proceedings. As California is a community property state, then, California state law presumes that an equal division of property is fair, unless the parties agree otherwise. Therefore, the fact that one spouse has committed adultery does not mean that he or she should get less than his or her equal share of the marital property.

Contact an Attorney for Advice

If you are facing a divorce in California, you need to be properly advised of your rights and responsibilities under California no-fault divorce laws. Only an experienced divorce attorney licensed in the state of California can provide you with the advice that you need to protect yourself, your children, and your assets during divorce proceedings.

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