California No Fault Divorce Facts
In 1970, California became the first state to implement "no-fault divorce." Before then, courts would grant divorces only in specific cases of marital misconduct, such as adultery and mental cruelty. The concept of no-fault divorce has largely evolved into what most people refer to as "irreconcilable differences." Divorce on the grounds of irreconcilable differences acknowledges that both parties contributed in some way to the breakdown of the marriage.
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Equity
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Because no-fault divorce recognizes that both parties contributed to the marriage problems, courts do not punish (financially or otherwise) one party over another. Courts ultimately look for equitable arrangements between the parties that will allow each spouse to be financially independent and off public assistance rather than placing blame on one party over another.
Litigation
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An advantage of no-fault divorce is that it makes the process much less litigious. Parties do not need to hire investigators to prove grounds for divorces. It minimizes the amount of litigation and allows couples to focus on important issues like child custody, child support and marital asset distribution.
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Community Property
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California is a "community property state," which means the court presumes to divide all of the couple's assets and liabilities acquired during the marriage equally, unless the couple agrees otherwise.
Alimony
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California judges consider several factors in determining spousal support (or alimony). These factors include how long the marriage lasted and the couple's ages. Other factors include the standard of living for each party during the marriage, each spouse's health, financial obligations and the custodial parent's need to stay home with any children. Finally, the court will consider the contributions each spouse has made to the marriage, including homemaking, regular employment and investments.
Unilateral Termination
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In a no-fault divorce state, one spouse can seek a divorce even if the other spouse does not want to terminate the marriage.
Disclaimer
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This article is for educational purposes only, to give an overview of California no-fault divorce facts, which are subject to change. It is not intended to give legal advice. To determine how the facts of your situation apply to California law, consult an attorney licensed to practice law in California.
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