What Is A No Fault Divorce | Santa Clarita
Hi there! This is Tim Blankenship owner of SCV Legal Doc Assist. We’re a licensed and bonded legal document preparation service specialized in the divorce process.
Today, we’re answering the question ‘What is a “no fault” divorce?’ and ‘Is California a “no fault” divorce state?’.
So, because I’m not an attorney, I can’t give legal advice and whenever I feel that it’s kind of on the edge, I will always give you the information but I’ll point you to where I found it. So it’s not me giving you the advice, technically, it’s the court.
Today we are answering this question using the California court (judicial branch of California) website– Frequently Asked Questions and let’s see what they say about what is “no fault” divorce.
In California, says, a “no fault” divorce is any divorce where the spouse or domestic partner that is asking for the divorce does not have to prove that the other spouse or domestic partner did something wrong.
California is a “no fault” divorce state, which means that to get divorced in California you NEVER have to prove that the other person did something wrong. To get a no fault divorce, 1 spouse or domestic partner has to state that the couple cannot get along. Legally, this is called “irreconcilable differences”.
Now, this is interesting because I get calls and on occasion the spouses contacted me wants to tell me what they’ve done or what the spouse has done and why they’re getting divorce and they want to file first because they feel there’ll be some advantage. Well, there is no advantage to filing first. Second of all, the courts honestly don’t care what reason, even if you don’t have a reason at all to get divorced. All you have to do is mark this box saying irreconcilable differences and there’s no proof.
They’re never going to ask you on what’s going on or why can’t you get along. They don’t care. That’s why it’s called a “no fault” divorce and California is a “no fault” divorce state. So you don’t have to ever reason to get divorced.
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