What is a no-fault divorce? Can you file for separation under multiple grounds? What is the difference between no-fault and irreconcilable differences?
In California, the parties do not have to explain why their marriage is ending; neither party has to prove “fault”. The parties do not have to wait before filing a petition for legal separation. You must have lived in California for at least six months before filing for a divorce. You are encouraged to seek legal advice before doing so. Our Sacramento-based attorneys at Hughes Law Group offer discerning guidance if you are considering legal separation or divorce.
No-Fault Divorce
In California, parties do not need to prove wrongdoing by the other spouse for a divorce. No fault means that one party simply asserts that the couple have “irreconcilable differences” and the marriage can’t be fixed. The Petitioner states that that there is no hope for reconciliation or the future of the marriage.
After the Petition is filed and served, the divorce judgment can’t be entered for at least six months. It does not matter who files first or who is labeled Petitioner or Respondent. A Respondent in a family law case is simply the other party in the divorce.
During separation, it is important that the parties try to maintain separate lives without cohabitation, or they could jeopardize their ability to divorce legally.
Even though California is a no-fault state, this does not mean that bad acts committed by one spouse during the marriage do not weigh on the court’s decision regarding the distribution of property and child custody.
For example, if community funds were wasted on adultery, community assets were illegally withheld or transferred, or if one parent has a substance abuse or anger management problem, the court can still examine those facts and to make an appropriate property award or a child custody determination for the safety of the child.
It is also possible that one party will be compelled to pay the other party’s legal or attorney fees or be ordered to attend counseling. Even though California is a “no fault” state, it is important to discuss all of these facts and your concerns during your consultation.
How to File
To file for a divorce in California, you have to determine which county has the proper venue. This is the county in which you or your spouse has lived in the previous ninety days or more. If you or your ex-spouse have temporarily left the state, California still has jurisdiction as long as the court finds that one of you maintains permanent residence in the state.
Because everyone getting divorced in California is required to serve his or her spouse with a complete financial disclosure, you will want to compile relevant documents like a prenuptial or postnuptial agreement, all financial and identification records, and evidence of abuse, adultery expenses, or other misdeeds, if applicable.You will also need copies of W-2s, pay stubs, and other income and bank account information. Make a list of your assets and liabilities and inventory of personal property, real property, furniture, gifts, and jewelry.
If you have children together, you should start contemplating what custody arrangement would be in their best interest with particular attention to any safety concerns and a practical parenting plan that would work for your family. Consider a consultation with an attorney at Hughes Law Group. If you decide to work together, we will draft and file a divorce petition and summons to serve on your spouse.
Schedule a Consultation Today
If you and your spouse are considering a legal separation or are ready to file for divorce, call the attorneys at Hughes Law Group. We practice family law exclusively and are seasoned litigators. We can assist regarding divorce property division, child custody, and child support matters and well as post-judgment modifications. Schedule a consultation with us today if you need help filing a divorce in Sacramento or Placer County, California.
