Claremont No-Fault Divorce Attorneys
Historically, to obtain a divorce, one party needed to show that their spouse had committed some sort of “fault.” Fault meant bad behavior adverse to the marriage: adultery, abandonment, abuse, etc. By the late twentieth century, most states had moved to a system allowing for “no-fault” divorce. No-fault divorces still involve the complex and heated disputes that arise in any marriage. While fault may be taken out of the equation, issues such as alimony, child custody, and division of property are still very much in play.
If you are considering divorce, whether or not you believe your spouse is guilty of “fault” in the relationship, you need a seasoned Los Angeles divorce attorney on your side to ensure your finances and your family are protected. The experienced Claremont family law team at Blasser Law has decades of experience fighting for the rights of people divorcing in Southern California, and we do not rest until our clients get the results they deserve.
How Does No-Fault Divorce Work in California?
California was the first state in the country to pass no-fault divorce laws in 1969. Parties seeking to divorce no longer needed to prove that their spouse committed adultery or acts of abuse; instead, they only needed to allege that the marriage had become irreparably broken. In many states, parties can choose to allege fault or pursue a no-fault divorce. California is still leading the charge by wholly abolishing fault divorce.
Parties seeking to divorce in California now have only two legal grounds:
- No-fault: Irreconcilable differences exist between the parties, which have caused the irreparable breakdown of the marriage
- Incapacity: One spouse now has a permanent legal incapacity to make decisions
Assuming neither spouse has lost capacity due to age, illness, or injury, parties seeking to divorce must file based on irreconcilable differences. Wrongful conduct such as adultery or neglect no longer has any legal relevance to the divorce.
Does Fault Ever Matter in a California Divorce?
On the whole, fault no longer matters in a California divorce. Adultery, neglect, and abandonment are not only no longer grounds for divorce; they are also irrelevant considerations for the purposes of property division, support awards, and child custody. There are, however, limited circumstances under which wrongful conduct by one spouse could have an effect.
If a spouse has a history of abuse, that will be an important consideration when it comes to child custody and parenting time. If a spouse hid assets before or during the divorce proceeding, a court may punish that spouse when awarding support or dividing marital assets. If a spouse “wasted” marital assets by spending thousands on gifts to an extramarital paramour, such as jewelry, vacations, or paying for that person’s rent, then those wasted assets may be taken out of that spouse’s share during property division. If you believe your spouse’s wrongful conduct should be a factor in your divorce, discuss the matter with your Southern California divorce lawyer.
Do I Need a Lawyer for a No-Fault Divorce?
A no-fault divorce is still a divorce. The vast majority of modern divorces are no-fault. No-fault does not mean no conflict, and it does not mean that you do not have a number of important legal interests at stake. Your divorce will result in a legal decision concerning child custody, child support, spousal support, and the equitable division of your marital assets and debts. Unless you and your spouse are in full agreement on every aspect of your divorce, there will likely be at least some negotiation, if not actual disagreement and legal disputes. If you wind up in court, there is a wide array of technical requirements and legal details that can affect the outcome of your case. If you care about your rights and your family, you need a strong legal advocate in your corner.
At Blasser Law, our seasoned divorce attorneys do not look for ways to start a fight. We do not try to drag out a divorce any longer than necessary. We aim to resolve your divorce as efficiently, effectively, and painlessly as possible, while still ensuring that your rights and your interests are protected. We will negotiate on your behalf, identify and produce relevant evidence, and represent your interests in settlement negotiation, mediation, and in court.
Trusted Advice and Representation from Dedicated California No-Fault Divorce Lawyers at Blasser Law
If you are facing the prospect of divorce, having a seasoned family law attorney on your side can mean the difference between a smooth, amicable divorce and a drawn-out, expensive process. Let a savvy California divorce attorney represent your interests and fight for your rights. In Los Angeles, call Blasser Law at 877-927-2181 to speak with a knowledgeable and dedicated no-fault divorce attorney.