What is a no fault divorce? Well, in some states, in order to get a divorce, you must allege some wrongdoing on the part of the person you are trying to divorce. A common ground for divorce in a “fault” divorce state is adultry, and the person making the allegations must prove the grounds for divorce. There are other grounds for divorce, such as abandonment, which aren’t nearly so emotionally charged, and the grounds for divorce vary from state to state.
California is a no fault divorce state, which means that you do not have to prove the grounds for divorce and can simply check the box marked “irreconcilable differences.” The court does not have to look past that one fact, and there will be no evidentiary hearing to force a party to explain why the divorce is happening. From a litigation standpoint, this “no fault divorce” provision saves untold time and money because you do not have to put on an evidentiary hearing. From a human relations perspective, it does not force the parties to dredge up old wounds and helps the parties move on with their lives. You may end up fighting about other issues, but whose fault it is that you are going through a divorce won’t be one of them.