What Is Fault And No-Fault Divorce?

here can be a lot of legal terms that you may not have heard of while going through the divorce process. One of the first ways to categorize a divorce your attorney will bring up may be  a fault or no-fault divorce.  What is the difference between these two? We’ll explore this now.

No-Fault Divorce

A no-fault divorce is a divorce granted where the spouse does not have to prove that the other spouse did something wrong. No-fault divorces are granted in every state, and California is strictly a no-fault divorce state, which means that all divorces are filed as no-fault. Though this can seem strange when one spouse is at fault and did something wrong to end the marriage in divorce, it can actually make it easier to be granted a divorce, no matter what the circumstances.

When it comes to a no-fault divorce, many spouses simply cite irreconcilable differences. Maybe you don’t get along anymore, the love has faded, or the partnership has dissolved. These can all be examples of irreconcilable differences.

Fault Divorce

Compared to no-fault divorce, fault divorces are granted on a certain set of grounds. The grounds for a fault divorce include:


  • Cruelty or pain (physical or emotional abuse)
  • Adultery
  • Desertion for a certain length of time
  • Inability to have sexual relations that was not disclosed before the marriage


Though the state of California does not provide a fault divorce, you may wonder, why would other states offer it? This is because other states may have a longer wait time for no-fault divorce, and many times spouses may file a no-fault divorce if they want an equitable division of property.

Divorce In California

Though divorce in California is regarded as no-fault divorce, a judge may still regard any grounds of fault from one spouse when dividing assets. In California, everything acquired during the marriage is still equally owned by both parties. Judges also do have leeway when determining any alimony amounts and the duration length. The best thing to do while going through the divorce process in California is to work with a professional divorce lawyer who will be there to answer any further inquiries and provide advice when it comes to the divorce process, division of assets, child support, and so on.

Looking For A Divorce Lawyer?

Though California is a no-fault state, it is still vital you overcome many legal obstacles to make sure your divorce is processed as planned. When it comes to deciding on factors, such as child support, child custody, visitation rights, alimony, and more, you’ll want to seek the representation of a dedicated legal expert in family law. For a divorce lawyer in Carlsbad you can rely on, call The Law Offices of Marc Duxbury. The road to divorce can be overwhelming no matter what grounds the process is going on, so get representation from expert and attentive family law attorneys to aid you in divorce filing, negotiations, and any other processes today!

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