If you are considering getting a divorce in the state of California, the phrase “No Fault Divorce” has probably come up in conversation or you may have come across it while you were doing some research. It is a fairly simple term to understand, but there is some basic information that you should be aware of.
What is a “No Fault” Divorce
Basically, all divorces in California are “No Fault” divorces. This means that anybody that would like to go through the divorce process may without having to prove that there was any wrong doing on the part of either spouse.
For cases of this sort, the spouse that files for the divorce (the petitioner) will site “irreconcilable differences” as the reason for filing. This simply means that the two spouses did not get along. Since no fault needs to be proven for the papers to be filed and for the divorce process to begin, the person being served with the divorce petition (the respondent), can do very little to refute or halt the divorce from happening. At most, the respondent will be able to prolong or delay the process but will not be able to stop it completely.
What if my Spouse had an Affair?
The “No Fault” divorce law remains intact even if one spouse has had an affair. This fact will not impact the case whatsoever. Meaning that the law in California does not favor one side or the other in divorce cases and will not make the party that had the affair lose more property or pay more in child or spousal support because of their actions.
Will I Still have to wait Six Months to Finalize my Divorce if I File for a “No Fault” Divorce?
The answer to that question is yes. No matter which way you decide to file, whether it is a contested or uncontested divorce, there will still be a six month waiting period before a divorce can be finalized. In California, no matter how soon you’re consultations are finished or how soon you reach a settlement on property division, custody, and spousal support, the court will not grant a divorce decree until at least six months has passed.
Get all of your Questions Answered by an Experienced Attorney
Going through a divorce has the potential to be a very difficult time. You can decrease the potential of this by having all of your questions answered and also by having an experienced attorney equip you with all of the necessary information to ensure a favorable outcome. Call Bohm Wildish at 1-877-615-6620 to have a knowledgeable group of attorneys assist you and put your mind at ease throughout your divorce process.