Is California a No Fault Divorce State?
California was the first state in the nation to introduce the concept of no-fault divorce. Before 1970, the only grounds for divorce in California were adultery, abuse or mental cruelty. Today, the majority of divorces in the state of California are granted with neither spouse held solely responsible for the breakdown of the marriage.
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Irreconcilable Differences
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The majority of divorces in California are filed on the grounds of irreconcilable differences. This ubiquitous phrase enables a couple to end their marriage without either spouse needing to be solely at fault. In fact, a no-fault divorce means either party may leave the marriage although the other may disagree.
Finding Closure and Moving On
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California's no-fault divorce laws help to avoid long, drawn-out court battles. Because there's no need for a husband or wife to prove they aren't at fault, the need for private investigators and character witnesses is eliminated. The parties involved are able to move on to other important matters such as the custody of their minor children and support.
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Judge's Rulings
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Once a divorce has been granted on the grounds of irreconcilable differences, it is up to a family court judge to make decisions about spousal support. The type and amount of support granted is based on if there are children, the custodial parent's family financial needs and the supporting spouse's ability to pay.
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References
- Photo Credit couple arguing image by Luisafer from Fotolia.com
