In 1970, California first passed something known as no-fault legislation, which was a different approach to divorce. To understand no-fault divorce, you should also know what fault divorce is. Fault divorce is a much rarer form of divorce and happens when one spouse requests that a divorce be granted based on the fault of the other spouse. This could be due to many reasons such as adultery, abandonment, prison confinement, or emotional or physical abuse.
How Does No-Fault Divorce Differ?
No-fault divorce, on the other hand, is when the spouse that files for divorce does not have to prove any fault on the part of the other spouse. This means that, when filing for divorce, they only have to state the reason why they are seeking the divorce and the process begins. Many spouses will choose to write in “irreconcilable differences” or “irreparable breakdown of the marriage.” The other spouse cannot object the other spouse’s petition for divorce and the court will handle it accordingly.
You must remember, however, that there are exceptions to no-fault divorce – even in California. For instance, in California, you will be permitted to file for divorce if your spouse is presumed to be insane or mentally incompetent. However, you must be able to prove it and it cannot just be hearsay for it to hold in court.
If you have questions concerning no-fault divorce, you can give us a call today and we will answer all of your important questions. We are there for you during your time of need.
