It is often challenging to go through a divorce. After all, no one gets married expecting their marriage to end in divorce. When we get married, we hope to live happily ever after. A divorce can feel infuriating, shocking, overwhelming, and can make you feel helpless. There are several reasons for the decision, but the main reason is the lack of compatibility. The partners can still wish well for each other and decide to split and file a no-fault divorce when incompatibility exists. Your legal right is to pursue a no-fault divorce if you feel unsatisfied with the marriage.
Understanding No-Fault Divorce
A no-fault divorce is a legal process in which married partners dissolve their marriage without blaming either party. This concept is based on "irreconcilable differences." In this case, the partners' marriage has faced an irreparable breakdown, and there is no room for reconciliation.
The state Family Code governs the no-fault divorce system. A spouse can initiate divorce proceedings under this law. You can allege that irreconcilable differences have caused the irremediable breakdown of the marriage. You do not need to prove fault or provide evidence, like abandonment, abuse, or adultery, for you to secure a divorce. The purpose of a no-fault divorce is to simplify and streamline the divorce proceedings. It eliminates the need for contentious or damaging allegations of wrongdoing. It creates a conducive environment for resolving differences linked to spousal support, property division, child support, and child custody.
Whether California Is A No-Fault Divorce State
California is a no-fault divorce state. In this case, the divorce law does not permit you to formally allege fault. There is no fault option in a divorce petition, and the court will not consider misconduct like adultery when determining the proper division of your lives and finances. Instead, the divorce papers will highlight "irreconcilable disputes" as the reason the marriage is dissolved. This means you and your partner no longer want to stay married and do not expect things to work out.
No-fault divorce is a less lucrative business for divorce attorneys. Dissolving a marriage without fighting over who was at fault permits spouses to focus on their future rather than reliving their worst moments. It also cuts down on the divorce paperwork and the accompanying costs.
No-Fault Divorce And Other Types Of Divorce
Opting for no-fault divorce can also expand your options when it comes to other types of divorce. In this case, you will avoid the court entirely, going for more cooperative ways to dissolve your marriage, like:
Collaborative Divorce
Collaborative divorce can be your best option for stressful arguments and long court battles. Collaborative law is used to resolve family law differences. For example, couples can deal with their issues privately instead of going to court and allowing the judge to rule concerning divorce settlement. Couples can decide on issues like spousal support, property division, and child custody away from prying eyes.
Each partner can seek the services of an experienced attorney in collaborative law. You can sign a binding agreement to start the collaborative divorce process. You will first discuss privately your ideal outcome with your attorney. Everyone will then come together and negotiate an appropriate deal. You can also choose to meet your attorney, your partner, and your partner's attorney. Your collaborative divorce attorney can also handle the process, upholding the attorney-client privilege. He/she will not reveal private information or make decisions without consulting you.
Divorce Mediation
Divorce mediation is a common option for litigated divorce. It is a time-saving and cost-conscious way to secure a divorce without the stress of attorneys arguing back and forth. This is a process of discussing your disputes as a couple when you decide to dissolve your marriage. You should enter divorce mediation when you are ready to end your marriage. This process lets you devise an appropriate way to dissolve your marriage peacefully. You and your partner can discuss your disputes with a mediator.
A mediator can be a certified professional or an attorney, but they cannot give legal advice. The mediator can participate in the discussion as a professional in family law. The expert understands what the authorities need to see during a divorce and provides options that partners can explore. A mediator can assist you in coming up with a divorce settlement that both of you are satisfied with.
Do-It-Yourself Divorce (DIY)
Most divorces can successfully end without legal assistance. A DIY divorce is one in which couples do not require outside help from an attorney. This is where you complete and file the paperwork solely or with your partner. You can handle disputes on your own whenever they arise. The couple can complete a DIY divorce at their own pace, and they do not incur any legal fees.
You can file a divorce in California by yourself if you do not have complex issues surrounding your divorce. A DIY divorce can be the right choice if you are not in an argumentative place with your spouse. You can file this divorce if you have made all significant decisions before submitting divorce papers to the court. The factors you can consider before filing a DIY divorce include:
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Both of you have no complicated assets
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If both of you agree on most items
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If both of you will be honest
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If both of you can communicate
The Procedure of Filing No-Fault Divorce
The steps you can follow to file a no-fault divorce include:
Identify The Personal Jurisdiction
You are likely to fall under the personal jurisdiction of relevant courts if you have been residing in a particular state for a long time. However, you must determine your jurisdiction in your previous state if you are new or have lived in California for a short period. You can only qualify to file a no-fault divorce in California if you submit documents as evidence or have stayed there for a certain period.
Identify Relevant Courts
You must identify the subject jurisdiction once you know your jurisdiction. In this case, you must look for the courts that handle divorce issues. You can easily access dedicated divorce courts and general district courts, which hear divorce pleas.
Check For Forms
You can access no-fault divorce forms online through the state government's websites through legal firms or departments. This form can also guide you on how to draft a written petition that you would submit later in court.
You Can Choose Not Hire An Attorney
Many services are available that are cheap, straightforward, and stress-free, which can lead to faster divorce without the help of an attorney. You can save money by avoiding the services of an attorney. However, you can seek the services of an attorney if things become complicated.
Determine Separation Preferences
Before writing the final petition, you should consider the terms for separating property, money, and custody of children. You can prepare better for your spouse's challenges or objections by clarifying what you want to retain, forfeit, or divide. This can also make your legal proceedings move faster. However, mediation is a great tool that gives partners the power to make decisions in the divorce process.
File The No-Fault Divorce Petition
You must complete the no-fault divorce form and written petition and compile all the necessary documentation to be submitted in court. Visit the court and file the documents with the court clerk. You also need to pay a no-fault divorce filing fee.
Serve A Copy Of The Petition.
You must serve your spouse a copy of the petition once you file the divorce with the court. You can do this in person but in the presence of an independent third party or an attorney. After serving the papers, the court can give you a cooling-off period, including a chance for your partner to file a counterclaim. If your spouse raises a counterclaim or objection, the court can allow you to amend your petition. The court can give a chance for an out-of-court settlement in the case of disputes over the separation of assets or custody of children. This can be done in the presence of a court-approved mediator.
The Importance of No-Fault Divorce
The idea of no-fault divorce has significantly changed the way marriages are legally dissolved. The importance of this concept can include:
Emotional and Financial Benefits
No-fault divorce has substantial emotional and financial benefits. Litigating faults can be costly because both partners spend a lot of money to prove their case. A no-fault divorce generally prevents extreme financial strain. The emotional toll of proving fault can also be high. The burden of blame can also exacerbate the sensitive issues, making divorce very stressful. No-fault divorce permits less emotionally taxing and more respectful separation.
Reduces Contentiousness and Protecting Children
No-fault divorce reduces the contentiousness of the divorce process. Divorce can become less adversarial when spouses are not required to prove wrongdoing. An adversarial divorce always has negative effects on partners with children. Determining fault causes serious emotional impacts on children because it influences custody battles and escalates parental conflict. A no-fault divorce promotes a more amicable separation that benefits the children's emotional well-being.
Streamlining The Legal Process
A no-fault divorce plays a major role in expediting and simplifying the legal process. If the court had to determine who was at fault, it would require a lengthy trial with both spouses pointing fingers at the other. This process can take a lot of time and resources. Removing the need to assign blame provides a more efficient solution, reducing the burden on the divorcing spouses and the court system.
Community Property Law In California
One of the reasons why no-fault divorce makes sense is that California is a community property state. The courts have more restrictive laws about how property should be distributed and when you should divorce. Across the board, spouses seeking divorce will each keep their property separately. This can include:
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Any gifts or inheritances
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Anything you acquired before marriage
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Any extra funds earned as a direct result of separate property investments
However, your collective marital property, like any normal income earned by either party during the marriage, will be divided equally. This does not give more room for fault to influence property division. "The equitable distribution model is normally followed in some states where courts can make discretionary decisions. Judges decide based on what they feel is fair, guided by several legal considerations.
Fault grounds for dissolving a marriage make much more sense under the equitable distribution model.
Under the community property model, couples stop accruing community property on the legal separation date when irreconcilable disputes arise. This date can sometimes be months or even years before one partner decides to file for a divorce.
Whether Spouses With Children or Substantial Assets Can File a No-Fault Divorce
Working out a settlement agreement can be easier if there are few complications in your divorce process. The best candidates for no-fault divorce are couples who:
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Can support themselves and own a few other assets
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Do not have property that can be complicated to divide, like retirement accounts, business, or house
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Do not have children
However, a no-fault divorce is not out of reach because a couple has children or substantial assets. What matters is communicating well, cooperating, and negotiating all the details.
Situations Where a No-Fault Divorce Can Be an Unrealistic Option
You cannot qualify for a no-fault divorce if you and your partner have a high level of dispute or a major imbalance in power, emotional or financial. This cannot be possible, particularly if you are afraid of or have experienced domestic violence. A no-fault divorce can be an unrealistic option if one partner is bullying, abusive, or simply willing and able to hide assets.
The Period It Will Take For To Secure A No-Fault Divorce
Unlike a traditional, contested divorce, a no-fault divorce is a much quicker process. There is a waiting period before you get your final divorce after you have filed your initial paperwork. The waiting period in California is six months. Apart from the waiting period, the actual time for you to secure a no-fault divorce can depend on the following factors:
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Whether you submitted the right paperwork
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Whether you will be required to attend a court hearing
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How committed are the courts in the county where you filed your divorce
The Cost Implication of a No-Fault Divorce
The major advantage of a no-fault divorce is the cost. The biggest expense in a divorce is the attorney's fees. You do not require legal representation in a no-fault divorce. The court's filing fees are the main expense in a no-fault divorce. The fees vary from one county to another in California. The cost usually ranges from $100 to over $400. You can split the filing fee if you can file the paperwork together. The law also allows you to apply for a waiver if you cannot afford the filing fee. In this situation, you can qualify for a waiver based on your income and assets.
Whether Your Partner Must Agree to a No-Fault Divorce
Your partner does not need to agree to a no-fault divorce for you to file it. The law allows you to file for a no-fault divorce to sever the marriage even if your partner repudiates. In some situations, however, the non-agreeing partner can contest the no-fault divorce. Your partner can hire an attorney to challenge your decision in court, alleging no irreconcilable disputes in the marriage.
The Difference Between Contested No-Fault Divorce And Uncontested No-Fault Divorce
In a contested no-fault divorce, the divorce settlement is disagreeable. In contrast, the partners in an uncontested no-fault divorce dissolve their marriage based on no-fault grounds and agree on a divorce settlement without involving the court.
Partners can have conflicting views on support, child custody, alimony, and asset division in a contested no-fault divorce. On the other hand, both partners agree on crucial issues like support, visitation, child custody, and dividing assets and debts in an uncontested, no-fault divorce. In a contested no-fault divorce, settling differences can take a long time, leading to increased costs and emotional turmoil. In an uncontested, no-fault divorce, the legal process tends to be faster, less adversarial, and more cost-effective because there is no dispute.
Exceptions to No-Fault Rules
One of the main exceptions to the no-fault divorce rules is bad conduct by one of the spouses. For example, if one partner tries to hide assets from the other partner, the sneaky partner can be subject to sanctions. The judge can grant the well-behaved partner more assets than their fair share of the property. Sometimes, the judge can order the spouse who hid assets to surrender all the hidden assets to the other spouse. When the divorce is ongoing, judges can make unequal decisions to protect the vulnerable partner from the other partner.
Find a Skilled Divorce Attorney Near Me
Nobody enters marriage expecting it to end in divorce. However, in some situations, divorce is inevitable. Even if you and your spouse opt for a no-fault divorce, trying to navigate the divorce without the help of an attorney can be stressful. A skilled divorce lawyer can guide you and ensure you are not exploited. Contact the Los Angeles Divorce Lawyer if you need an experienced divorce lawyer to guide you through the no-fault divorce process. Contact us at 310-695-5212 to speak to one of our attorneys.
