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Filing for no-fault divorce in California

If you have made the decision to file for divorce, you may be surprised to learn that there are several options available to you. Knowing which choice is optimal for your situation, how to file and what to expect from the process can have an impact on your final divorce order.

One of the most basic and popular options is filing for a no-fault divorce. In the past, California couples would be able to file for a fault divorce, which would require one spouse to list a reason for the dissolution of marriage. This would often lead to difficult disputes as one spouse would have to prove that the other did something wrong. A no-fault divorce does not require a spouse to prove the other is at fault.

Reasons for a no-fault divorce

A no-fault divorce is an extremely popular choice as it does not require you to prove that your spouse acted wrongly in order to get a divorce. In fact, one of the most common reasons for couples ending their marriages is irreconcilable differences. In a no-fault divorce, you only have to list a reason for the divorce, not proof of misbehavior. Irreparable breakdown of the marriage is also a common reason for a no-fault divorce.

What does "no fault" mean for your settlement?

A divorce settlement is the final order that dictates how property division will work, the terms of child custody, visitation and much more. With no-fault divorce, the reasons for the divorce will have no bearing in negotiations or litigation over the final order. The things that will impact your settlement include the following:

  • The best interests of your children
  • Which assets are marital property
  • Income of spouses
  • Special needs unique to your family

Regardless of why you are getting divorce, you have the right to pursue an outcome that suits your unique needs and makes the most sense for your children.

Pursuing your best post-divorce future

Making the decision to end your marriage is not an easy one. Even in an amicable situation, it can be difficult to walk through the issues that will have an impact on your future.

No matter what you are facing, you would be wise to seek help from the very beginning of the process in order to ensure the full protection of your rights and future interests. Pursuing a no-fault divorce is a complex process, but it is not one that you have to walk through alone.

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