A no-fault divorce is a divorce in which the parties do not have to prove fault. When the United States had primarily ‘fault’ divorces, court proceedings were very costly. Litigants would have to prove fault in order to divorce. The parties to divorce would address issues such as adultery, cruelty, abandonment, mental illness or felony conviction etc. There would often be a monetary value to these acts.
Now, with no-fault divorces, litigants can simply state ‘irreconcilable differences’ or ‘permanent legal incapacity to make decisions’ as the legal grounds for divorce. Most parties to a California divorce choose ‘irreconcilable differences’. This simply means that the parties do not get along. There is no proving of wrong-doing.
Nevertheless, a no-fault divorce still addresses the issues. These are things like custody, child support, spousal support, division of assets & debts etc. In most cases, the parties come to an agreement regarding their issues and do not go to court. This is the best way to finalize a divorce. When the parties cannot or will not agree, the parties may go to trial.
It’s true that some people think that ‘no fault’ divorces are not always advantageous. They may think that it’s unfair to pay spousal support to the other party who had an extramarital affair or ‘abandoned’ the home. As a consequence, the Family Code was amended in 2019 to reflect monetary issues. Now, spousal support or retirement account divisions may not be awarded to the offending party when a restraining order, protective order or felony conviction is involved.
On balance, a no-fault divorce makes rulings based on the issues of the divorce, namely the division of assets & debts, support & custody. In addition, the court does not partake in the costly rulings of finding fault. However, the Family Code is always changing and the recent amendment regarding spousal abuse and the award of spousal support & retirement income is a welcome change.
When you have questions regarding divorce, division of spousal support and retirement income give us a call. Our attorneys are ready to answer your questions and give you the help you need!
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