September 28, 2012 By Paul Wallin

More often than not, glossy tabloid magazines are emblazoned with headlines detailing the latest celebrity gossip and their extra marital affairs. The stories within would always describe lurid accounts of a secret tryst or rendezvous that inevitably lead to the destruction of their marriages. However, people mistakenly believe that cheating on your spouse is what provides the legal grounds for a divorce.

The state of California, like nearly every state, has adopted a “no-fault” approach to divorce. This means that couples seeking a divorce do not have to state a particular reason to justify why they are filing. For this reason, it is enough to simply cite “irreconcilable differences” as the grounds for the divorce.

With this no-fault approach, couples do no have to engage in vicious accusation-slinging. Before California became a no-fault jurisdiction in 1970, couples had to try and establish a “fault” that caused the breakdown of the marriage. Such faults included:

–          Abuse (mental or physical)

–          Adultery

–          Abandonment

–          Insanity

–          Impotence

Proponents and critics of the no-fault approach have weighed in on its pros and cons. The states that have adopted the no-fault approach have seen a decline in domestic violence and it does make it easier for a woman in an abusive marriage to leave the relationship. It also helps to reduce the animosity between the parties, since the process no longer requires extensive finger-pointing. However, this no-fault approach also contributes to higher divorce rates.

Divorce is not an easy process and can be emotionally and mentally straining. You will need to protect your interests. The law offices of Wallin & Klarich have been helping families through this process for over 30 years. Call us at 1-888-749-7428. We will be there for you when you call.

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