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How a “no-fault” divorce may result in a high-conflict process

California is known as a no-fault divorce state. That means that a party does not have to claim that their spouse did something significantly wrong that led to the end of their marriage. Though other jurisdictions still recognize and may require claims of fault to get a divorce, Californians only must show that their marriages are over due to irreconcilable differences.

The term “no-fault” may give individuals a false sense of peace, however. Just because a divorce is not based upon a finding of fault does not mean that the parties will not experience conflict along the way to ending their marriage. This post will discuss how conflict may still exist in a no-fault divorce, but as with all other posts on this blog, no reader should infer specific legal advice from its contents. Help with divorce matters may be sought from trusted local divorce and family law attorneys.

Requirements of a no-fault divorce

No-fault divorces require individuals to meet certain rules in order to have their divorces heard in the courts of California. For example, individuals must satisfy residency requirements both in the state of California and the jurisdiction where they choose to file their divorce paperwork. Similarly, divorce filers must pay court fees to have their matters heard, and they must wait until their divorce waiting periods are over to consider themselves legally released from their marriages. Divorce attorneys can explain these and other requirements in detail to their clients.

Conflict in divorce, regardless of the grounds

A person does not have to allege that their spouse did anything specifically wrong to file for divorce in California. However, a lack of specific grounds for divorce based on fault does not mean that the parties to the proceedings will not experience conflict on their way to their divorce decree. Differences of opinion regarding what should happen with their children, assets, money, and other shared interests may become heated and difficult to work through. Because so many high-stake issues are under negotiation during a divorce, it is important that an individual has representation that they trust from a knowledgeable California-based attorney.

Conflict happens during divorce proceedings. Individuals who wish to seek non-litigation options to end their marriage can speak with their divorce lawyers about what is available in their specific cases.