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The pros and cons of no-fault divorce in California

On Behalf of | Dec 13, 2023 | Divorce

The divorce rate is unfortunately quite high in the state of California. You should be aware that, unlike in other states, California has four distinct kinds of divorce. One of these is no-fault divorce. No-fault divorce has its own benefits and drawbacks.

What is no-fault divorce?

Although there is always a reason why your marriage is ending, a no-fault divorce enables you to dissolve your marriage without putting any focus on a particular issue. The first state to offer no-fault divorce was California, and then other states across the nation followed suit. Many prefer a no-fault divorce because of the benefits.

The benefits and drawbacks of no-fault divorce

No-fault divorce can sometimes be controversial because it has pros and cons for different people. Regarding benefits, no-fault divorce tends to be quicker than previous versions of divorce since fault does not need to be proven in court. In many cases, the divorce can be settled outside of the courtroom, which can save time and money. It can also be less stressful for both parties since things, such as abuse, do not need to be testified about in court.

On the other hand, no-fault divorce has some drawbacks. It often gets criticized in the media and by powerful figures as serving as an excuse to disregard the traditional morals of marriage. No-fault divorce only requires one party wanting the divorce for it to be granted. What the other party feels about it is irrelevant. If the other party committed adultery or some other misdeed, it does not matter how assets, such as property, are divided. This can, of course, be very unfortunate for a high-asset divorce if the other spouse never signed a prenuptial agreement.

Overall, divorce can be difficult. While there are some benefits to the no-fault system, there are downsides too. Consider all of this if you believe you will be divorcing soon.