In the state of California, there are three main ways to end a marriage, which are: divorce, legal separation and annulment. Considering, that California is a “no fault” state, there are differences between receiving a “no fault” divorce and a “fault” divorce.
A “no fault” divorce, means that the direct spouse or domestic partner that is asking for the divorce, does not have to prove that the other spouse or domestic partner did something wrong in court. In order for a spouse to get a “no fault” divorce, they just have to simply state him/her and the other spouse could not get along. They really don’t have to dive into the logistics of why they couldn’t get along, that is usually a sufficient enough reason. Legally, this statement is known as “irreconcilable differences.”
A fault divorce, on the other hand, is the complete opposite. When a spouse wants to file a fault divorce, they must have proof that their spouse is guilty of some sort of marital misconduct. Examples of marital misconduct can include (but are not limited to) cruelty (physical pain or mistreatment), adultery, insanity, alcohol or drug abuse, etc. When providing proof to the courts, it can be very beneficial to provide witnesses to strengthen your case. Since it is a “fault” divorce, they have the potential to get pretty vicious because a spouse is usually trying to prove the other spouse is guilty of some sort of misconduct that is leading their decision to file for a divorce.
After you decide whether you want a “fault” divorce or a “no fault” divorce, it is encouraged that you start planning your case ahead of time. You should start thinking about how you should handle your case, what time of materials or documentation you will provide and which divorce attorney will be best suited for your case.
Get in contact with a family law & divorce law firm and schedule a consultation for further review of your case.
