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Different types of divorce in California

| Jan 19, 2021 | Divorce

The process of going through a divorce is not a one-size-fits-all proposition. Many people seeking to end a marriage in California do not realize that there are different types of divorce, each with its own pros and cons. Two of the most common types of divorce are at-fault and no-fault divorces, and you should educate yourself on the differences between them.

What is a no-fault divorce?

No-fault divorce became a popular option in most states during the 1970s and 1980s when marriages were ending at a record rate. Before the concept of no-fault divorce, the petitioner (the person filing for divorce), had to provide a reason for wanting to end their marriage. No-fault divorce is typically a faster option that does not necessarily require litigation, the presence of attorneys or other legal factors that tend to muddy the waters of an at-fault divorce.

No-fault divorces allow the petitioner to file for dissolution of marriage even if their spouse is not in agreement. However, they do not penalize the other party if they have committed infidelity or abused the spouse who is filing the petition.

What is at-fault divorce?

Conversely, an at-fault divorce allows the petitioner to air their grievances against their former spouse in a way that shows that their ex is responsible for the end of their marriage. It is important to note that most states, including California, no longer recognize the validity of an at-fault divorce, which will limit your ability to pursue this route.

Regardless of the type of divorce you choose to pursue, you should seek the assistance of an attorney to represent you in the process. A divorce lawyer can help you navigate the legal proceedings and file any necessary paperwork.