California No-Fault Divorce

State was first in nation to approve 'irreconcilable differences' as grounds

Historically, divorces in California could only be granted within specific parameters, such as adultery and mental cruelty. Those limitations were removed in 1970. Today, a divorce is granted on the grounds of "irreconcilable differences." Irreconcilable differences are any grounds the court determines to be substantial reasons for the marriage not to continue. (A marriage may also be dissolved on the grounds of incurable insanity -- but only if the husband or wife can prove by competent medical or psychiatric testimony that the insane spouse was incurably insane at the time of the marriage.)

California was the first state to implement the concept of a "no-fault divorce." In effect, this means a married person may terminate the marriage even if the other person disagrees. California no-fault divorce acknowledges that both husband and wife have contributed in some way to the marriage's breakdown, so one party is no longer "punished" -- financially and otherwise -- for being solely to blame for the marriage's failure.

California No-fault divorce acknowledges that both husband and wife have contributed in some way to the breakdown of the marriage, so one party is no longer "punished" -- financially and otherwise -- for being solely to blame for the marriage's failure.

One advantage of California no-fault divorce is that parties don't have to waste time and money hiring detectives to prove grounds. It reduces the need to litigate for days or weeks about grounds and allows couples to move on to important issues, such as custody, child support, maintenance and distribution of marital assets.

Fault does not enter into settling property division or support. California is a community property state, which means that all assets and liabilities the parties earn or acquire during the marriage are presumed to be shared and must be divided equally unless the parties agree otherwise.

When a California Family Court judge makes decisions about spousal support, he or she takes factors into consideration such as:

• How long the marriage lasted;
• The couple's ages;
• Both parties' standard of living during the marriage;
• Marketable skills each one has or could acquire;
• Each party's health
• Financial obligations to prior families;
• Custodial parent's need to stay at home with the children;
• Contributions each one has made towards the marriage (through regular employment, homemaking, investments, etc.)

So, rather than looking for which party has the biggest list of complaints against the other, the California Family Courts now try to create an equitable agreement based on what each spouse will need to be financially independent and off public assistance.

There is a common belief in California that you can avoid having your property divided equally with your spouse by moving to another state. San Diego attorney Ninah Hunter, founder of the Equitable Divorce Center, debunks this.

"They're doing what's called 'forum-shopping' -- trying to take advantage of what they believe is a more favorable position," she says. "Then they end up with a 'divisible divorce' -- they may be a resident of another state, but some issues will still be heard in California. They're not avoiding the situation, but making it messier, because they end up divorcing in two different states."