how-does-californiaThe state of California was one of the first states in the US to pass no-fault divorce laws. For the sake of comparison, New York only became a no-fault divorce state in 2010. To this day, numerous countries around the world and a number of states in the US do not have no-fault divorce laws, and it’s important to understand the difference it can make in terms of your divorce proceeding.

There are only two possibilities where divorce is concerned: no-fault, and at-fault. In an at-fault divorce, one (or both) parties must prove some kind of wrongdoing (infidelity being the most common), in order to be granted a divorce. If you are unable to prove any sort of wrongdoing, then the best you can do is legally separate, but this has the fairly major drawback that you cannot get remarried, since you’re only separated, and not legally divorced.

In a state with no-fault divorce laws on the books, however, it is not necessary to prove any sort of wrongdoing. One party simply making the decision that they no longer wish to remain married is sufficient. That person files the necessary paperwork and becomes the Petitioner.

Theoretically, in the state of California, you can get a divorce decree in as little as six months. Don’t put too much stock in this timeline, however. Depending on the particulars of your case, the amount of property to be divided and whether children are involved, it could take significantly longer.

The short answer, then, is that California’s no-fault divorce laws make the process of getting a divorce easier than it is in some other states. Easier, however, by no means makes it automatic. You will have to be actively involved in the process and keep pushing it forward, but the major advantage is that you do not have to prove wrongdoings by your spouse in order to get a divorce.