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What is a "no fault" divorce?

For California residents about to enter into a divorce, there are many questions that can arise in the process. Divorce involves many components -- e.g., property division, child support, child custody, alimony and the like -- and all of these individual components contain their own unique complexities. Divorcing spouses may begin to wonder what they can do to make sense of the various financial, logistical and emotional details of divorce. Thankfully, attorneys are available to assist with these questions.

One such question that many may find themselves asking is what exactly a "no fault" divorce entails. In some states, there are situations in which one party must prove fault on behalf of the other party in order to initiate divorce proceedings. California is not one of these states.

California is a "no fault" divorce state, which means that it is never necessary to prove that the other person did something wrong. All that has to happen is that one spouse or domestic party simply must state that the couple cannot get along -- or, in legal terms, there are "irreconcilable differences."

Irreconcilable differences can occur with just about any couple. A couple can be together for many or years -- or, in some cases, just a few months -- and discover that they just cannot get along with each other. For many, it only makes sense to proceed with a divorce so that both parties do not continue to live in an unhappy marriage. Although the end of a marriage can be a difficult time, it can also be a positive change in the lives of the divorcing spouse. This can be aided by smooth divorce proceedings.

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