A no-fault divorce is one where neither party has to prove anything to move forward with the dissolution of their marriage. In every state in the US, including California, you can pursue a no-fault divorce, but that wasn’t always the case. No-fault divorce is a relatively new legal concept gaining traction only in 1969 when California passed the first no-fault divorce law.
What happened before?
Before no-fault divorce, ending a marriage was much more difficult and often unsuccessful. In order to pursue a divorce, you would have to prove that there was a fault. This could be defined as:
- Infidelity
- Violence
- Bigamy
- Fraud
There had to be a fundamental breach of the “marital contract” in order for the court to allow a divorce. At issue here isn’t whether there is such a breach, as such issues are common now and were common then. The issue was proving it.
Hard proof is hard to find.
Proof demands an unassailable level of fact. However, as in any “domestic matter,” there is often a great deal of hearsay and supposition. It was extremely common for a husband or wife to stop divorce proceedings by moving jurisdictions or simply presenting a more effective case.
This reality often placed women in jeopardy, whether that was physical or financial. This imbalance was the status quo for an exceptionally long time.
History informs the present.
While no-fault divorce is by far the norm, that doesn’t mean there is no place for pursuing fault in a divorce. An “at-fault” divorce can change certain aspects of your case, from waiting time to spousal support. However, you must keep your end goals in sight.
You have to balance the advantages of an at-fault divorce with those of no-fault divorce. You may have the proof you need, but is the proof enough?