Legal Question in Family Law in California

Yes

Absolutely. California has been a "no-fault" divorce state for decades. So neither spouse needs to prove anything except that they want a divorce, and the other one cannot stop it.

There are only two reasons for a divorce, in California - "Irreconcilable Differences" and "Incurable Insanity." You simply check off the right box on the Petition, and you are entitled to a marital dissolution.

There are many papers to file, though, to go through your divorce. Think of your divorce as addressing three issues.

1. Status - Getting divorced. Nobody can force you to stay married.

2. Support - Will you owe or be entitled to receive Spousal Support and/or Child Support?

3. Property - You will need to divide up all the property that you and your spouse brought to the marriage, acquired during the marriage, and acquired subsequent to your separation.

That's really all there is to a divorce.

The trick, though, is that the legal principals that go into each issue can be tricky. It's usually a good idea to get an attorney to help, even if you and your spouse are in agreement.

I have found that my family law clients are relieved to have someone else to rely on to get the right paperwork to the court and fight for his or her rights, if necessary.

If you have any questions, you can reach me directly at [email protected].