Puja Sachdev | January 7, 2025 | Blog
In some states, you can’t get a divorce unless you can prove your spouse did something seriously wrong, such as abusing you, abusing drugs or alcohol, or being incarcerated for an extended period of time after committing a felony. These are known as fault-based grounds. However, California allows couples to get divorced without having to show fault.
California was the first state to provide for no-fault divorces when Governor Ronald Reagan signed the Family Law Act of 1969 into law. Here is what you need to know about California no-fault divorces.
Legal Grounds for a No-Fault Divorce in California
In California, either spouse can get a divorce from the other without having to prove that the other did something wrong. Under California law, the court can grant a divorce if it finds from the evidence at the hearing there are “irreconcilable differences which have caused the irremediable breakdown of the marriage.”
However, if the court concludes at the hearing that there’s a reasonable possibility of reconciliation, it must continue the legal proceeding for up to 30 days. In the interim, the court can make orders for support and maintenance, child custody, child support, attorney’s fees, and property. At any time before the continuance period ends, either spouse can ask for a divorce, and the court can enter a judgment of divorce.
What Other Requirements Do You Have to Meet to Get a No-Fault Divorce?
To get a divorce in California, you must also meet the residency requirement. The residency requirement generally requires that you or your spouse have lived in California for the past six months and in the current county for at least three months. However, there are some notable exceptions, including:
- Domestic partners: If your domestic partnership is registered in California, you don’t need to meet the residency requirement. If it’s not registered in California, you do have to meet the residency requirement.
- Same-sex couples: If you married in California but now live somewhere that does not allow divorces for same-sex couples, you can file for divorce in the county you married without meeting the residency requirement.
- Legal separation: If you are seeking a legal separation instead of divorce, you can file as soon as one of you moves to California. If you convert your separation case to a divorce, you can do so after one of you has met the regular residency requirement.
Some of these special cases may also limit the power the court has over your divorce case. For example, the court may be unable to make orders regarding your property, child custody, or spousal support. It may only be able to terminate the legal relationship. Speak to an experienced family lawyer to learn more.
Contact Our Compassionate Family and Divorce Lawyers for a Confidential Case Review
Proving no-fault grounds for divorce is only the first step in the divorce process. You will need to prepare legal filings, share financial information, work out a parenting plan, and complete many other steps before your divorce is final. The decisions you make during this critical time can continue to impact your life for years to come.
The experienced and knowledgeable attorneys at San Diego Divorce Lawyers, APC can guide you through the divorce process, fighting to secure a favorable outcome in your case. We can discuss your grounds for divorce and how we can help when you call for a confidential consultation. Contact us today to get started.
Contact Our Divorce Law Firm in San Diego, CA. Call us at (619) 866-3756
Contact our experienced San Diego divorce lawyers at San Diego Divorce Lawyers, APC, today for legal assistance. Contact us at (619) 866-3756 to schedule a free consultation.
We proudly serve throughout San Diego County. We are located in San Diego, California.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
(619) 866-3756
