No-Fault Divorce in California
American citizens are bound to state rules and regulations when it comes to insurance, criminal, and family matters. With that being said, the process of a couple getting divorced in the United States varies greatly depending on the state they live in. This begs the question, do California spouses need a legal reason to file for divorce?
California is a no-fault divorce state. A no-fault divorce state is a state in which a spouse can file for a divorce with no legal reason. If you’re tired of dealing with your husband’s drinking, you can file for a divorce. If you hate how much room your wife takes up on the bed, you can file for a divorce. If you can’t stand your spouse’s cooking, you can file for a divorce. If you’re sick of your spouse rooting for the opposing team, you can file a divorce. In California, you can file for a divorce at any time without a legal cause. However, Cali didn’t always follow this rule.
Fault-Based Divorce & Ensuing Problems
In the past, it was illegal to file for a divorce without just cause. Couples back then who were merely unhappy in their marriage were either forced to stay together or had to make up a story to obtain a divorce. Unfortunately, that meant everyday couples who wanted to split had to lie under oath to finalize a divorce: obviously this was an issue. Therefore, after much consideration and deliberation, California became the first state to legalize no-fault divorce. However, California eventually took it a step further.
The Extinction of California Fault-Based Divorce
Not only did California legalize no-fault divorce, but they also ended up banning all forms of fault-based divorces. In the past, fault-based divorces were used by spouse’s who were abused or cheated on to obtain a better outcome for their post-marriage lives. Now, if your spouse cheats on you with someone else, they will still end up with half of your possessions thanks to California law. Talk about a tough break!
It’s also important to note that in California your spouse doesn’t have to agree to a divorce for it to go through. If you no longer want to be with your spouse, you can divorce them without their consent.
As you can see, no-fault divorces are beneficial for a variety of reasons, but can seem unfair in certain circumstances. Thankfully, an experienced family law attorney can help you make the most of your contested divorce regardless of the circumstances. If you are looking for a family law attorney that makes a difference, look no further than Stolar & Associates!
Call (310) 984-1411 now for a free consultation for your case!