What Is a No-Fault Divorce

What Is a “No-Fault” Divorce?

After years of dealing with her petty jealousy and drinking problems, Paul decided his marriage to Nancy was over. But Nancy still clung to the possibility they might reconcile. Paul wasn’t sure how he could go about extricating himself from their legal ties. He thought he needed a good reason to divorce Nancy, but she had never assaulted him or committed adultery. Then a friend told him that California allows no-fault divorce. After discussing the situation with his family law attorney, Paul was able to see a path to freedom.

California Divorce Fundamentals

If you want to end a marriage or registered domestic partnership, you have three choices:

  • Divorce,
  • Legal separation, or

Some divorces are fairly collaborative. In fact, the process can be fairly simple. One party files the paperwork. The other party responds. Then you hammer out a marital settlement, and if you have children, a parenting plan. A family court judge reviews your paperwork and approves or denies your divorce petition.

Sometimes only one person wants out of the marriage. In this situation, that person files the paperwork for the divorce. If the other party responds to the petition, they go through the same process of working out the marital settlement and parenting plan, if necessary. If the other party does not respond to the divorce petition, the filing party usually is allowed to go through with the divorce anyway.

One common divorce myth is that you have to have a ‘reason’ to end your marriage.

“Grounds” for Divorce

California divorce law does not require the person filing for divorce to prove that the other partner has done anything wrong.

That’s right – you do not have to prove adultery, domestic violence, or any other reason to end your marriage or registered domestic partnership.

At least one spouse or partner just has to claim that “the couple cannot get along.” This situation is also known as “irreconcilable differences.”

Otherwise, the process for getting your divorce is just as we described it above. As simple as it sounds, however, divorces can become complicated very quickly. That’s why it is best to discuss your situation with an experienced California divorce lawyer before moving forward.

Do You Need to Say Yes to a No-Fault Divorce?

Sometimes a divorce is not really anyone’s fault. People drift apart and just no longer want to continue with their marriage. That’s precisely why we have options like no-fault divorce.

The attorneys at the Law Offices of Judy L. Burger are experienced at all phases of divorce, legal separation, and annulment. Call us at 415-293-8314 to schedule a private appointment or visit our website. We assist clients in California’s Northern to Central Coast, including San Francisco, Beverly Hills, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities.