California is a no-fault divorce state. This means you don’t have to show the court that your spouse did something wrong or caused the split; you only need to state that there are “irreconcilable differences” and that the marriage cannot be repaired. The focus is on ending the relationship rather than proving blame or fault. As long as one spouse wants a divorce, the judge can grant it, even if the other spouse disagrees.
What Are “Irreconcilable Differences”?
“Irreconcilable differences” is the term California uses as the reason, or “grounds,” most people list to get a divorce. It means that the problems in your marriage are so big and long-lasting that there’s no realistic chance of fixing them or staying together. Examples of irreconcilable differences include things like not getting along, arguing constantly, having different goals or values, growing apart, or simply no longer wanting to live together.
Can Fault Ever Matter in a California Divorce?
Even though California follows no-fault divorce rules, a spouse’s behavior can still have real effects on different parts of the case. While you don’t need to prove wrongdoing to end the marriage, specific types of misconduct can influence parenting, finances, or a judge’s final decision.
Impact on Child Custody
The court’s main focus in custody cases is the child’s best interests. If one spouse has a history of abuse, neglect, or other unsafe actions, the court may limit or deny that person custody or visitation to keep the child safe.
Impact on Finances
California usually splits property and debts without considering fault. However, if one spouse has tried to hide money, waste savings, or hide property during the divorce, a judge might award a larger share to the honest spouse to fix the problem.
While you don’t need to place blame for the divorce itself, a judge can still look at certain kinds of bad behavior when making decisions about children or money.
What Happens if The Other Person Doesn’t Want to Get Divorced?
If one spouse wants a divorce in California, the other spouse cannot stop the process just by refusing to cooperate. Here’s how the process typically works if one spouse does not want to get divorced:
Filing The Petition
The spouse who wants the divorce files a petition with the court explaining irreconcilable differences or the reason for the divorce.
Serving Divorce Papers
The petitioning spouse must serve divorce papers to the other spouse, giving them legal notice that the process has started.
Response From The Other Spouse
The spouse who receives the papers can respond, sharing their own viewpoint or simply acknowledging receipt. If they don’t respond within 30 days, the court may proceed by default.
Court Moves Forward, Even Without Agreement
The court does not need both parties to agree for the divorce to happen. If the responding spouse doesn’t cooperate or contest the divorce, the process will move ahead, and a judge can finalize the divorce even without their involvement.
As a result, a divorce in California will still move forward if only one spouse wants it. If you have any questions about getting divorced in the state of California, our team can help. Reach out today to schedule your initial consultation.