No-Fault Divorce in California – What You Need to Know

A divorce can be a heartbreaking event in your life. It can feel overwhelming, shocking, infuriating, and it can make you feel helpless. However, in California, you don’t need a reason to get divorced. If one or both partners are feeling done with the marriage, it is their legal right to pursue a divorce, regardless of any circumstances that led to that decision. No-fault divorce in California has its pros and cons, and it’s important to understand how it works before pursuing it.

No-Fault Divorce in California

A no-fault divorce means that you do not need to prove any wrongdoing on your spouse’s part to pursue a divorce. When it comes time for divorce court, things like adultery, abuse, abandonment, or other reasons that might lead to an at-fault divorce are not taken into consideration. The objective of this is to avoid prolonged legal battles that often occur when each party is trying to accuse the other of destroying the marriage.

In a no-fault divorce, the relationship with your lawyer becomes less about proving fault and gathering evidence and more about navigating the legalities of reaching an amicable settlement with your ex-spouse. You may never even see the inside of a courtroom, as no-fault divorces can often be settled during mediation or in collaboration with all parties.

Under the California Family Code, there are two primary legal reasons that one can pursue a divorce from their partner. While you don’t technically need a reason to pursue divorce, you still must establish grounds:

• Irreconcilable differences. Essentially, irreconcilable differences speak to the partners’ incompatibility. One or both partners have checked out of the marriage and simply cannot continue living with each other. You may have made an effort in the past to try and figure things out, but you’ve come to the conclusion that it doesn’t work. Virtually every reason you would feel the need to pursue a divorce can be considered irreconcilable differences.
• Legal insanity. While this is not a common method of pursuing a divorce in California, it is considered a valid reason. If you can provide reliable medical documentation that proves your spouse is incurably insane, that can be considered legal grounds for a divorce.

The California Divorce Process

Due to the swift nature of no-fault divorces, filing for divorce in California can be a fairly easy process. An experienced lawyer can make sure you don’t miss any filing deadlines and file the proper paperwork. Here is a rundown of the California divorce process:

• Contact a lawyer. The first thing you should do when you are considering divorce is reach out to a divorce lawyer. A good lawyer can walk you through the entire process and keep you from missing any crucial deadlines. Having someone on your side who understands the legalities of the California divorce process can only help you in the long run.
• Residency requirements. To file for divorce in the state of California, you must make sure that you meet the state’s residency requirements first. To qualify for a California divorce, either you or your spouse must have lived in California for the prior six months, as well as your current filing county for the prior three months.
• Filing paperwork. When you decide to file the paperwork with the court, you will have to pay a standard fee of somewhere between $435 and $450. If you can’t afford the fee, you can try to apply for a fee waiver.
• Serve your spouse. Once the paperwork is filed, someone will serve the divorce papers to your spouse. At that point, you can start developing an agreement on how to divide assets. If your spouse won’t participate, the court can decide for them.

FAQs

How Long Does a No-Fault Divorce Take in California?

A no-fault divorce typically doesn’t take as long as an at-fault divorce to finalize. However, certain factors may influence the length of time it could take to settle everything amicably. Generally, a no-fault divorce takes around six months to finalize completely, but in order for the divorce to finalize at all, both parties must reach an agreement on asset division, custody, and all other related details.

What Is the Five-Year Rule for Divorce in California?

The five-year rule for divorce in California refers to an alternative to divorce known as “summary dissolution.” In California, if you have been married for less than five years, own few assets, do not wish to seek spousal support, and have no children, you may be able to seek a summary dissolution, which is much more streamlined and easier to file than a divorce. However, you must meet all the criteria to be considered.

How Much Does a No-Fault Divorce Cost in California?

There is no telling how much a no-fault divorce may cost you in California. Every divorce case is different, with different circumstances, assets, custody agreements, and conditions unique to each individual case.

While some divorces may end up costing both parties a considerable amount of money, other cases may be fairly swift with minimal cost. It depends entirely on the case at hand and certain factors, such as your lawyer’s negotiation skills, your lawyer’s fees, court fees, and asset division.

How Do I Get a Divorce in California When Both Parties Agree?

You can get a divorce in California when both parties agree by sitting down with your partner and their lawyer to draft a written agreement that lays out everything you seek to divide in the divorce and who will get what. This includes asset division, custody agreements, and financial splits. An uncontested divorce tends to be easier to settle than the alternative.

Reach Out to a Divorce Lawyer Today

Nobody enters a marriage expecting to one day get divorced, but it’s an inevitability for some relationships. Attempting to handle your divorce on your own could lead to unnecessary stress and complications that you simply don’t need. A divorce lawyer like the ones at the Edgar & Dow can assist you in navigating the process of divorce and ensure you aren’t taken advantage of. Contact us to schedule a consultation with a valued team member.