Preparing for divorce can be a lengthy process. People need to gather financial records and to document details about their family circumstances if they have children in the household.
Spouses generally also need to learn about the law and what it means for their rights during property division proceedings and custody negotiations. People who are unfamiliar with divorce procedures are often anxious about the legal process and what it requires from them.
Spouses may worry that their circumstances do not justify requesting a divorce. Does one spouse need to prove fault to petition the family courts for divorce in California?
California is a no-fault divorce state
Every state has unique standards for divorce, including different grounds that justify requesting a divorce. California is a no-fault divorce state. Neither spouse has to prove that the other did anything inappropriate to convince the courts that divorce is necessary.
There are two no-fault grounds for divorce recognized by the California courts. The vast majority of divorce cases involved claims of irreconcilable differences. Spouses who have grown apart over time can end their marital relationships by asserting that the marriage is no longer sustainable.
There is no way to prove such claims, which allows spouses and the courts to focus on the practical implications of divorce. Divorce is also possible in situations involving the incurable insanity of one spouse. Such cases do require documentation showing that the situation meets the necessary legal standard.
People gathering evidence before divorce may need to focus more on financial concerns and documentation rather than proof of misconduct to show that divorce is necessary. Discussing the divorce process with an attorney can help people understand what to expect and help them approach the process with confidence.