What Is a No-Fault Divorce and Is California a No-Fault State?
No-fault divorce is a catch-phrase that refers to the fact that a spouse seeking a divorce does not have to show fault of the other spouse to get a divorce. California was the first state to adopt no-fault divorce laws and the other forty-nine states have since passed similar laws. Though time periods and other prerequisites vary from state to state, a spouse can generally get divorced by simply alleging irreconcilable differences, incompatibility, or an irretrievable breakdown of the marriage. Even though a spouse is not required to show fault of the other spouse to get a simple divorce, it may be in a spouse’s best interest to allege and prove fault to get a better outcome related to child custody, alimony, and division of property. Your attorney should be prepared to strategically use the other spouse’s fault to achieve the best possible outcome for you. Some common grounds of fault include abandonment, adultery, drug or alcohol abuse, anger management issues, criminal conduct, and failure to care for or provide for children. Many other grounds for a finding of fault exist, so you should discuss your marriage openly with your attorney in the beginning stages of your divorce proceedings and thereafter. At the Law Offices of Judy L. Burger, we will persistently pursue the best outcome possible for you in your divorce proceedings, whether you need to demonstrate the other spouse’s faults, or defend such claims. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the Sacramento and San Francisco Bay areas. If you are a spouse facing divorce, call us today to learn more about how we can help. Call (916)631-1935 in the Sacramento area, or (415)293-8314 in the San Francisco Bay area, or contact us online via our confidential inquiry form.