Los Angeles No-Fault Divorce Lawyer
California allows for “no-fault” divorces. Historically, in order to file for divorce, one or both parties would have to allege and demonstrate some sort of fault in the relationship: Abandonment, adultery, abuse, or other conduct. With California’s no-fault law, a spouse or domestic partner can file for divorce without having to prove any kind of fault. No-fault divorces still involve the same legal processes as fault divorces, including making decisions regarding child custody, child support, property division, and alimony.
The no-fault divorce lawyers at Blasser Law are ready to help you file or respond to a no-fault divorce, working with you and your spouse to make the process as efficient and painless as possible while protecting your rights and interests. If you are facing the prospect of divorce in Los Angeles County, reach out to Blasser Law for representation and advice.
What are the Requirements for No-Fault Divorce in California?
To file for divorce in California, a spouse or domestic partner does not need to prove that the other party did something wrong. Instead, they need only file the proper legal documentation and state that the parties have experienced “irreconcilable differences.” Irreconcilable differences do not need to be proven in any particular manner but simply stated on the form. California, in fact, no longer even permits parties to file for divorce based on “fault.”
To file for divorce, you will need to submit certain legal forms, including:
- A Petition-Marriage form, requesting the divorce and listing out the marital property, shared children, etc.
- If you need more space for property, you can file an optional Property Declaration form
- A Summons form, which informs your spouse that you have begun a court proceeding
- A Proof of Service of Summons form, which demonstrates that you have informed your spouse of the impending divorce
- A Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act, if there are any shared children
- You may also file a Child Custody and Visitation Application Attachment
- If the parties agree on all terms, they can file a Divorce Settlement Agreement along with the other paperwork. Otherwise, the other spouse will need to file a Response, and the court proceedings will now begin.
Your divorce attorney will help you prepare and file the requisite forms and prepare for any disputes likely to arise over finances, custody, and other issues.
Do I Need a Lawyer for a No-Fault Divorce?
The short answer: Yes. Fault only refers to the reason for the divorce. In the past, divorce lawyers helped parties to a divorce prove adultery, abandonment, or other negative conduct in order to meet the legal requirements for securing a divorce. Now, one party can file for divorce, without cause, and regardless of the objections of the other spouse. There are, however, plenty of reasons why having a divorce lawyer on your side is not only helpful but is, in fact, vital to ensure that your parental and financial rights and interests are protected throughout your divorce.
Even when fault is not involved, many issues are likely to arise during a divorce. Unless the marriage was very short and involved no intermingling of finances, most divorces will need to resolve questions concerning, for example:
- Child custody
- Child support
- Equitable division of property, including:
- Who keeps the house?
- Who gets the car?
- Who gets the electronics, jewelry, and art?
- Who gets the dog?
- Dealing with retirement accounts, business valuations, and hidden assets
At Blasser Law, we provide all of the legal services and counseling necessary to protect the rights of our clients, including:
- Working with other parties and their attorneys through negotiation and mediation
- Collecting evidence, including financial statements, medical records, and expert opinions from forensic accountants, property appraisers, and child psychologists
- Building a case for custody and parental rights
- Filing court documents, arguing motions, and representing our clients through trial and appeal
- Proving and arguing the consequences of abuse
- Providing advice and counseling concerning parenting arrangements, tax effects, and other issues that arise during divorce proceedings
Get Help From Experienced California Divorce Attorneys
For assistance with no-fault divorce in Southern California, contact the talented, effective, and compassionate Claremont divorce lawyers at Blasser Law for a free consultation at 877-927-2181.