California is a no-fault divorce state, meaning that spouses do not need to prove wrongdoing to end their marriage. Instead, a divorce can be granted based on irreconcilable differences, allowing couples to dissolve their marriage without assigning blame. Understanding how California’s no-fault divorce system works can help individuals navigate the process efficiently.

At Modesto Family Law, our team serves families across Stanislaus and San Joaquin counties. Our California divorce attorneys can help you with contested and uncontested divorces, as well as many other family law matters you need. 

What Is a No-Fault Divorce?

A no-fault divorce means that neither spouse has to prove that the other did something wrong, such as adultery, abandonment or cruelty. Instead, one spouse simply needs to state that the marriage has irretrievably broken down due to irreconcilable differences.

California was the first state to adopt no-fault divorce laws in 1970, making the process more straightforward and less adversarial. This has made a significant difference in the lives of Californians and their families. 

Grounds for Divorce in California

California law recognizes two legal grounds for divorce, also referred to as a dissolution of marriage:

1. Irreconcilable Differences: The most common reason for divorce, meaning that the marriage cannot be repaired.
2. Incurable Insanity: A rare ground for divorce requiring medical proof that one spouse is permanently mentally incapacitated.

Since irreconcilable differences do not require evidence, most divorces proceed without lengthy legal battles over fault. This can save you a great deal of frustration, family drama and cost. 

How Does No-Fault Divorce Affect the Process?

Because California does not require proof of fault, the divorce process is generally simpler and faster than in fault-based states. However, certain factors can still impact the outcome:

1. Property Division

California follows community property laws, meaning that marital assets and debts are generally divided equally between spouses. Fault, such as infidelity, does not affect property division unless marital funds were misused as a breach of fiduciary duty.

2. Spousal Support (Alimony)

While fault does not determine whether alimony is awarded, certain behaviors may influence the court’s decision. These might include behaviors such as hiding assets or refusing to work.

3. Child Custody

Courts prioritize the best interests of the child when determining custody. While fault is not a factor in divorce itself, issues like domestic violence or substance abuse can impact custody rulings.

Can Fault Still Play a Role in Divorce?

Although California does not require proof of fault, certain fault-based factors can influence divorce outcomes:

• Adultery and Financial Misconduct: If a spouse used marital funds for an affair, the court may adjust asset division.
• Domestic Violence: Abuse can affect custody decisions, may lead to protective orders, may affect support, and in some circumstances may result in the unequal division of assets and debts.
• Failure to Disclose Assets: Hiding financial information can result in penalties.

While these issues do not change the ability to file for divorce, they can impact financial and custody rulings.

Steps to File for Divorce in California

1. Meet Residency Requirements: One spouse must have lived in California for at least six months and in their county for three months.
2. File a Petition: The spouse initiating the divorce files a Petition for Dissolution of Marriage with the court.
3. Serve Divorce Papers: The other spouse must be formally notified.
4. Respond to the Petition: The Respondent has 30 days to file a response.
5. Complete and Exchange Disclosure Documents:  Even if agreements are reached between spouses, they are required to complete and exchange various documents before an agreement can be accepted by the court.
6. Negotiate Settlements: Spouses can resolve issues through mediation or court hearings.
7. Finalize the Divorce: A Judgment of Dissolution of Marriage can be entered at any time after all requirements are met, however marital status can not be terminated until six months after the Respondent was served with the Petition for Dissolution of Marriage.    

Our California Divorce Lawyers Are Here to Help

California’s no-fault divorce system allows spouses to end their marriage without proving wrongdoing. While fault does not affect the ability to divorce, financial misconduct, domestic violence and child custody concerns can still influence court decisions. Understanding the process and working with an experienced attorney can help individuals navigate divorce efficiently.

At Modesto Family Law, our California divorce lawyers stand ready to help with your divorce. Contact us today for a consultation about your case.