Southern California Family Law Blog

A recent article on examiner.com examines California divorce laws and the inability a person filing for divorce has in placing “blame” for the divorce on any individual. This is because in California, there is a ‘no fault’ divorce state. In fact, when filling out divorce paperwork, there are only 2 choices for the reason for divorce: irreconcilable differences, or annulment.

The author of the article recounts the feelings and emotions she had when she filed for divorce; how she was annoyed at the fact that there was no way to ‘blame’ her husband in plain writing when it came to describing the cause of divorce and that she wished that there was some way to detail on these official forms the fact that her husband had cheated on, and eventually left her.

It is true that no fault divorce states, like California, do not take into account any “blame” when it comes to determining the end of a marriage. The assumption is that both the husband and wife contributed to the end of the union. There are benefits, to this type of “no fault” divorce proceeding however. One advantage of California no-fault divorce is that parties don’t have to waste time and money hiring detectives to prove grounds. It reduces the need to litigate for days or weeks about grounds and allows couples to move on to important issues, such as custody, child support, maintenance and distribution of marital assets.

Fault does not enter into settling property division or support. California is a community property state, which means that all assets and liabilities the parties earn or acquire during the marriage are presumed to be shared and must be divided equally unless the parties agree otherwise.

Despite these factors, the difference an experienced California Divorce attorney can make in your case is very tangible. By diligently representing your interests, an attorney can help insure that you are not taken advantage of and do not agree to concessions you are not obligated to. Any individual going through a divorce would benefit from our services. Contact Wallin & Klarich today if you would like a consultation of your situation. We can help you during these trying times. Call 1-888-749-7428 today.

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