Do I Still Need Evidence for a No-Fault Divorce in California?
If you are approaching divorce in California, you may have learned that the state has adopted a “no-fault” system when it comes to ending marriages. You might then assume that since there is no “fault” involved in the process, there is no need to prove or disprove anything. However, this is not always the case. The truth is that even in a no-fault state like California, evidence may still be necessary to pursue effective outcomes during a divorce.
There are Many Misconceptions About No-Fault Divorce
When many people hear the phrase “no-fault divorce,” they immediately envisage a very civilized, amicable split with both parties agreeing on virtually every aspect of how the marriage should end. As any California divorce lawyer will tell you, the reality is often very different.
The term “no-fault” refers only to the concept of “irreconcilable differences,” which is the formal “grounds” for divorce under California law. When people file for divorce for irreconcilable differences, they are essentially telling the court that their marriage simply is not working. The key is that they are not giving a specific reason for their divorce, and they are not claiming that one spouse’s behavior led to the breakdown of the marriage. In other words, there is no burden of proof for spouses who wish to get divorced in California.
Why Evidence Might Still Be Necessary in a No-Fault Divorce
With all that said, the “no-fault” aspect of divorce only really applies to the initial stage of the legal process, where spouses petition to end their marriages. During the divorce process itself, both spouses may point the finger at each other for a number of reasons. If the divorce is litigated, both spouses may present evidence of various forms of wrongdoing. These incidences of marital misconduct may include:
- Domestic violence
- Child abuse
- Child neglect
- Substance abuse
- Mental health issues
- Financial misconduct
- Dissipation of marital assets
- Concealing assets
These are only a few examples of situations where evidence may be necessary to establish a spouse’s wrongdoing. If a spouse successfully proves that this misconduct occurred during the marriage, they may experience advantages when it comes to custody, property division, alimony, child support, and many other aspects of divorce.
Of course, it is also possible to pursue an “uncontested divorce.” This involves both spouses agreeing upon how they will handle their divorce outside of court. If both spouses agree on virtually all aspects of their divorce, they can formalize these conditions with a separation agreement. The concept of an uncontested divorce is often confused with a no-fault divorce.
Where Can I Find an Experienced Divorce Lawyer in California?
If you have been searching for an experienced divorce attorney in California, look no further than the RM Law Group. Over the years, we have helped numerous spouses approach divorce with a measure of confidence and efficiency. We know that you may have many important questions on the subject of divorce. The best way to answer them is not with internet research, but rather a consultation alongside a qualified legal professional. Book your consultation today to discuss your legal options in more depth.
Jason Martinez is a co-founding partner of RM Law Group, LLP. His practice focuses exclusively on California Family Law and community property division, including litigation and settlement of complex and high-conflict divorce and child custody proceedings. Jason understands that divorce and family law issues have long-term effects on all family members, especially the children.
