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?
1 Answer from Attorneys
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."