No-Fault Divorce

Qualified Riverside Divorce Lawyer

Years ago, there was "fault" type of divorce which essentially encouraged deceit and lying for the sake of obtaining a divorce. Couples had a difficult time agreeing to a divorce because one spouse had to prove guilt in the other spouse. No doubt this forced aggression and strong emotions not to mention bitterness and resentment. It further forced one person where divorce may not have been a mutual decision, into a position of consenting to unreasonable terms.

The current "No-fault" divorce in California differs from the old conventional divorce in that no evidence of fault or misconduct on the part of either spouse is required in filing for dissolution of marriage. Instead, we call the reason for divorce "irreconcilable differences" in California divorce. Our state does not require marriage counseling to attempt to repair the broken down marriage. In fact, either party can file for divorce based on irreconcilable differences.

What is a divorce settlement?

Divorce settlements are not dictated by a finding on a spouse being at fault in a marriage, and we often need to explain this as clients call us after finding their soon to be ex-spouse was unfaithful and had extra-marital affairs during the marriage. The court looks at alimony, property, child custody and visitation based on need and other rational considerations but not fault in California.

In a no-fault dissolution of marriage, neither party is legally at fault. Previously, the wife would often be awarded custody of the children. However with no-divorce in California, we see men receiving joint custody, sometimes 50/50 or even full custody when the courts see fit.

If you are pursuing a California no-fault divorce, call our Riverside divorce attorney for a free consultation. Our caring, qualified family law team will work towards reaching an effective settlement and Judgment.