California is a pure ‘no fault‘ state and as such does not require ‘grounds‘ for Divorce. In addition it does not require that the parties live separately for a period of time in order to file for Divorce.
‘Fault‘ in Divorce means that someone is at fault for the breakdown of the marriage and this would need to be proven in court. Clients found that this prompted huge legal fees and took an extraordinary amount of time. Therefore, today all states have a ‘no fault’ option for Divorce. California was the first state to adopt ‘no fault’ Divorces which became law in 1970. New York was the last state to adopt it in 2010!
There is, however, a legal basis for Divorce which is ‘irreconcilable differences‘ or ‘incurable insanity‘. Most people use ‘irreconcilable differences’ as a basis for Divorce. This does not need to be proven in any way and simply means that the parties do not get along and do not wish to stay married. The other basis, ‘incurable insanity‘ is seldom used and, if used, must be substantiated. It should be noted that if one party wants a Divorce, it can be granted even if the other party does not want it.
An experienced Divorce Lawyer can explain your legal rights and options and, most importantly, address your issues. Examples of issues are spousal support, child custody, child support, division of property, division of retirement funds or division of debt. There may be other issues, or you may have a Divorce with no issues, which usually ends in a ‘default‘ Divorce (when the respondent does not respond). Your Divorce may be contested (the parties are not in agreement over issues) or uncontested (the parties are in agreement over issues). An experienced Divorce Attorney can address your specific circumstance and offer an appropriate plan of action.
Legal Action Workshop offers a flat fee for Divorce. For more information ‘no fault’ Divorces and our LOW FLAT FEE option, contact Legal Action Workshop at 800-HELP-444 (800-435-7444) or visit our website www.LegalActionWorkshopLAW.com .
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