Divorce in California

San Diego CA Divorce Lawyers

The state of California takes a progressive approach to the matter that we have traditionally come to know as divorce. In fact, the state doesn’t even use the term anymore in the legal parlance; this action is now referred to as a “dissolution of marriage” proceeding. This change is part of an effort by California   lawmakers to foster a legal environment that supports cooperation and pragmatism. To this end California is a no-fault divorce state; one cannot file for a dissolution of marriage based on the ground of fault. The only grounds that are recognized are irreconcilable differences and incurable insanity.

In states where at-fault divorce proceedings are allowed, allegations of marital misconduct can impact decisions of the court concerning things like spousal support or even child custody. This does create an incentive to allege fault, but in many cases the conduct that is cited was not the true cause of the marital breakdown. Allegations of fault lead to a lot of ill will and hard feelings, and few if any conflicts can be solely attributable to the actions of one party.

The state would prefer that couples who are divorcing work out an agreement voluntarily that they both feel comfortable with, and this is especially true when there are children involved. When the court has to decide these matters, one or sometimes both of the parties is invariably going to feel as though they were not treated fairly. This type of lingering discord is something that can negatively impact the children and make it hard for the former couple to interact going forward.

The good news is that most couples can and do find common ground and go through the dissolution of marriage proceeding having agreed to the terms. Some 95% of divorce or dissolution actions are uncontested, and the progressive nature of the no-fault approach helps to encourage the type of cooperation that makes this possible. That other 5% does remain, however, and the court is there to make the ultimate decision when no agreement can reached.

If you are going through a divorce or dissolution of marriage action, the only responsible way to proceed is with an experienced San Diego CA divorce attorney representing you.