What is a no-fault divorce?

A no-fault divorce is a type of divorce in which the spouses can end their marriage without proving any wrongdoing on the part of either spouse. In a no-fault divorce, either spouse can file the divorce petition, and neither spouse needs to provide evidence of marital misconduct. In California, no-fault divorces are based on the idea that it’s impossible to predict the outcome of a marriage, so it should be easy to end it. Under California law, “irreconcilable differences” is the only ground for no-fault divorces, meaning that both spouses agree that they can’t get along and that their marriage is beyond repair. During the no-fault divorce process, the spouses must agree on how to handle all the issues of their marriage, like child custody, support, and division of property or debts. If they can’t agree, then the court steps in and decides the issues, usually using California’s divorce laws. No-fault divorce is the most common form of divorce in California, but it’s not the only one. California also allows fault-based divorces, where one spouse must prove certain grounds, like cruelty or abandonment. No-fault divorce can make the divorce process simpler and less expensive, but sometimes it can be more complicated. It is important to consult with an experienced divorce lawyer to ensure the best possible outcome for all parties.

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