No-Fault Divorce

California pioneered the no-fault divorce in 1970. Under the law, married couples wishing to end their marriage no longer need a reason for divorce beyond “irreconcilable differences.” But what does this mean for the divorce proceedings? How will this affect the divorce settlement? For example, if there are children involved, who will get custody?

To find out the answers to these questions and any other questions you may have related to an upcoming divorce, contact the San Diego divorce lawyers of Fischer & Van Thiel, LLP at 760-722-7646.

What Does It Mean to Get a No-Fault Divorce?

When you file for a divorce in the state of California, you do not have to prove that your spouse did something wrong to warrant the divorce. In California, couples cannot receive fault-based divorces, or divorces that result from one spouse committing an act that would serve as a basis for the divorce, such as adultery.

Since California only grants no-fault divorces and is a community property state, all property acquired during marriage is divided equitably in the divorce proceedings unless there is a separate agreement regarding such matters, such as a prenuptial or postnuptial agreement. Fault does not factor into the division of property, so it does not matter if there was a fault that caused the divorce.

Additionally, fault does not factor into determining spousal support, so even if your spouse was at fault for causing the divorce, you may still have to pay spousal support to him or her.

Contact Us

Divorce can be a tough time for many individuals. If you are thinking about getting a divorce, do not go through it alone. The San Diego divorce lawyers of Fischer & Van Thiel, LLP may be able to help you. Contact us at 760-722-7646 for more information.

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