Legal Question in Family Law in California

No-Fault divorce

what is the reasoning used by california legislatures in enacting the no-fault divorce law in california?


Asked on 3/09/05, 11:54 am

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: No-Fault divorce

The no-fault divorce law was passed to eliminate people's having to prove "fault" (remember the old movies where a photographer busts down the door of a motel room to prove unfaithfulness?) Having to prove "fault" lends itself to game playing and unnecessary expense and hassle for the parties (or so the California Legislature thought). Some states still require proof of "fault" such as adultery, cruelty, abandonment, etc. The only grounds for divorce in California are "irreconcilable differences" and "incurable insanity," and anybody with an incurably insane spouse checks the "irreconcilable differences" box anyway. The other spouse is not allowed to dispute the existence of the alleged "irreconcilable differences."

Read more
Answered on 3/09/05, 8:33 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California