Are there any grounds for an at-fault divorce?

In California, an at-fault divorce is one of two possible types of divorce a couple can choose, the other being a no-fault divorce. An at-fault divorce, or a “fault-based” divorce, is when one spouse claims that the other spouse is at fault for the breakdown of the marriage. These cases are more complicated than no-fault divorces, as the spouse claiming fault must provide evidence to support their case. The grounds for an at-fault divorce in California include abandonment, cruelty, jail sentence of over 1 year, incurable insanity, and fraud. Abandonment, which is when one spouse deserts the other spouse and marriage, is one of the most common grounds for at-fault divorce in California. Cruelty, or when a spouse treats the other cruelly or inhumanely, is also frequently used. Incurable insanity is when a spouse can prove that they were insane at the time of the marriage and remain so at the time of the divorce. Fraud is when one spouse has lied in order to induce the other to enter the marriage, or to continue in the marriage. In order for an at-fault divorce to be granted, the spouse claiming fault must provide evidence that supports their case. This can be difficult to prove, and so many couples in California opt for the simpler, no-fault divorce instead. No-fault divorces are much simpler and generally do not require evidence or proof in order to be granted.

Related FAQs

What documents do I need to file for a divorce?
What is a marital dissolution agreement?
How can I get a copy of my divorce decree?
What are the benefits of a short-term marriage divorce?
What is the difference between an uncontested and contested divorce?
What are the legal requirements for a divorce?
Can I get an annulment?
What are child custody and visitation rights?
What is a divorce decree?
What are the steps in the divorce process?

Are there any grounds for an at-fault divorce?

Related FAQs

Related Blog Posts