Is California A No-Fault Divorce State | Santa Clarita

Is California A No-Fault Divorce State | Santa Clarita

Many times when people call to inquire about our divorce service, they are inclined to let us know the reasons behind their wanting to get divorce.  And we understand, folks want to tell their story, and we are genuinely interested.

Other folks tell us then ask if they will have any advantage by not being the one who “caused” them to want to divorce or who was “at fault” for causing the divorce.

California is known as a no-fault state.  This means that it does not matter the reason for the divorce.  Previously when you had to show fault for getting a divorce, one party would have to take the blame even if there truly was no fault.  So they would have to conjure up some reason so they could get divorced, even when they were in complete agreement about getting divorce in an uncontested manner.

Some of the reasons for an At Fault divorce that would justify legal blame for an at-fault divorce were:

  1. Adultery
  2. Abuse
  3. Abandonment
  4. Extreme Cruelty to spouse
  5. Inability to engage in sexual intercourse that was not disclosed before the marriage

So what took the place of the at fault divorce?  The word is Irreconcilable Differences.  What do you have to prove with Irreconcilable differences?  Essentially that there is an irremediable breakdown of the relationship.

What is interesting is that other than checking the “irreconcilable differences” box on the divorce paperwork, there is nothing you have to prove to substantiate that.  So really, you don’t even have to show any proof of a irremediable breakdown.  Simply checking the box is enough to file for divorce in California.

We are a licensed and bonded legal document preparation service that specializes in the divorce process.  For more information about our affordable divorce service, please give us a call.

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