by Shawn Skillin, Esq., Mediator
No. California is a “No Fault” divorce state. This means you do not have to prove with legal evidence your reason (grounds) for getting divorced. In your Petition requesting your divorce you just state that you have “irreconcilable differences.” This is the basis or grounds for your divorce. You do not have to prove you have irreconcilable differences, you merely state that they exist.
This means that you do not have to prove that your spouse committed adultery, abuse or abandonment in order to get divorced in California. These things may or may not have happened in your marriage and may or may not be one of the reasons you want a divorce, the court just does not require you to prove it in order to get divorced.
Clients often want the court to know why they are getting a divorce, especially when they perceive that the other spouse has done something “wrong” to end the relationship. It is frustrating that they are never “heard” by the court. In mediation, these issues may come up and can, at least, be discussed.
Just because the Court does not require you to prove these issues, it doesn’t mean that you don’t have unresolved feelings about them if they occurred during your marriage. And while the court may not wish to hear about it, it can be very helpful to discuss your feelings with a counselor.
If Domestic Violence (DV) is an issue in your marriage, the court can issue appropriate restraining orders. The grounds for your divorce will still be “irreconcilable differences”. However, if DV is proved to the court’s satisfaction, it may have an effect on certain outcomes in the divorce, such as spousal support or child custody and visitation. (If you or your children are victims of DV it is strongly recommended that you get help. The court has free assistance available for victims of DV.)
No. California is a “No Fault” divorce state. This means you do not have to prove with legal evidence your reason (grounds) for getting divorced. In your Petition requesting your divorce you just state that you have “irreconcilable differences.” This is the basis or grounds for your divorce. You do not have to prove you have irreconcilable differences, you merely state that they exist.
This means that you do not have to prove that your spouse committed adultery, abuse or abandonment in order to get divorced in California. These things may or may not have happened in your marriage and may or may not be one of the reasons you want a divorce, the court just does not require you to prove it in order to get divorced.
Clients often want the court to know why they are getting a divorce, especially when they perceive that the other spouse has done something “wrong” to end the relationship. It is frustrating that they are never “heard” by the court. In mediation, these issues may come up and can, at least, be discussed.
Just because the Court does not require you to prove these issues, it doesn’t mean that you don’t have unresolved feelings about them if they occurred during your marriage. And while the court may not wish to hear about it, it can be very helpful to discuss your feelings with a counselor.
If Domestic Violence (DV) is an issue in your marriage, the court can issue appropriate restraining orders. The grounds for your divorce will still be “irreconcilable differences”. However, if DV is proved to the court’s satisfaction, it may have an effect on certain outcomes in the divorce, such as spousal support or child custody and visitation. (If you or your children are victims of DV it is strongly recommended that you get help. The court has free assistance available for victims of DV.)
