Understanding No Fault Divorce in California
There are two basic legal approaches to divorce--fault-based divorce and "no-fault" divorce. Most state laws permit a "no fault" divorce on the grounds that the marriage is irretrievably broken. By law, a no-fault divorce is a divorce in which neither party caused the separation. Usually, this is indicative of a mutual separation. A no-fault divorce is a law where the spouse suing for divorce does not have to prove that the other spouse did something wrong. To file for a no-fault divorce, one spouse must simply state irreconcilable differences. In a no fault divorce, there is no need for evidence or proof of wrongdoing.
A no-fault divorce is precisely what the phrase describes: Spouses divorce without assignment of blame. The law in California permits spouses to unilaterally end a marriage of two, 10 or 20 years. A no-fault divorce according to the law is another way of stating that there are irreconcilable differences or that there has been an "irretrievable breakdown" of the marriage. People who are able to agreeably determine all the issues that pertain to their divorce may jointly and voluntarily enter into a "no-fault" divorce by law. A no-fault divorce is a popular way for two people who agree on the division of property, custody and support issues to obtain a divorce decree in California.
Whether you may be filing an at-fault or no-fault divorce, your questions can be answered by contacting the Fresno Law Offices Fisher & Leiser or calling 559-892-0365.