No-Fault Divorce: The “Blame Game” in California Divorces
No-fault divorce: the “blame game” in California divorces.
It’s not uncommon for people to get hung up on their spouse’s wrongdoings during divorce proceedings. We get it - divorce and separation is extremely painful, and people do hurtful and even deplorable things to each other. We see cases involving infidelity, financial abuse, domestic violence, and more - deep and harmful betrayal and deception. But do California courts care if your spouse is to blame for the breakdown of your marriage? And why is no-fault divorce a hot topic in the news right now?
1. California is a “no-fault divorce” state.
In 1969, California became the first U.S. state to pass no-fault divorce laws. That meant that California courts stopped considering why parties are divorcing. Under the no-fault divorce concept, you do not need to prove that one person did something wrong to obtain a divorce. It’s sufficient to assert “irreconcilable differences.”
Simply put, California courts are not interested in the blame game. They are resolution-focused and primarily concerned with each party’s legal claims regarding property division, spousal support, child support, and child custody.
2. What exactly is “no-fault divorce?”
So, what exactly does no-fault divorce mean? At its core, no-fault divorce means parties do not have to provide any specific reason to obtain a divorce, aside from the fact that the relationship fell apart - whatever that means to them. Divorce is treated like a right. Neither party can prevent the other from going through with the divorce. A spouse cannot use being a perfect partner as a defense against divorce, and an innocent spouse does not need to prove that the other person did something wrong to justify a divorce.
In California, there are only two grounds for divorce – “irreconcilable differences” and “permanent legal incapacity.” There’s no extra space for parties to explain more on the Petition. Why is that? Because you do not need to prove anything further to obtain a divorce. You may need to prove your claims regarding property division, support, and child custody - but there is nothing to prove to simply obtain a divorce itself.
So if you’re filing for divorce because your spouse had an affair, you can consider that “irreconcilable differences.” If you’re divorcing because your spouse is financially irresponsible, you can also consider that “irreconcilable differences.” It doesn’t really matter why you’re asking for a divorce in California – you can get one.
3. What is fault-based divorce?
To better understand no-fault divorce, we should consider how fault-based divorce works. While not every fault-based divorce system is the same, the general idea is that a divorce will only be granted if specific grounds are shown to exist, such as adultery, abandonment, and extreme cruelty to name a few. In some instances, financial awards are linked to finding the other party at fault.
But what if both parties are guilty of misconduct - must the courts entertain a never-ending blame game or deny the divorce? Or what if no misconduct exists and parties want to divorce anyway? Should the government have to decide who is more at fault in a complicated interpersonal relationship? These are just some of the problems with fault-based divorce.
4. How does “fault” come into play regarding child custody?
When it comes to child custody, behavior matters. California courts expect parents to act in a child’s best interest and to protect them from harm. So, what happens if a parent leaves a young child unattended by a pool? Or what happens if a parent ignores medical advice, doesn’t administer medication, doesn’t bathe the child, exposes them to substance use, and more? Aren’t they at fault?
California courts care deeply about keeping kids safe. However, the primary concern is not “fault.” The primary concern is the child’s best interest. For example, suppose one parent is an addict who cannot control his alcohol use. The California court is not going to inquire about whether it is the addict’s “fault.” The court is going to generate a parenting plan that it finds to be in the child’s best interest - even if the addiction is not the parent’s “fault” because addiction is a disease. For example, a California court may require professionally monitored parenting time, drug and alcohol testing, or issue an order that a particular parent is not allowed to drive with the child. These provisions are not matters of “fault” - no matter who is at fault, the primary concern is keeping the child safe and fostering a healthy relationship with both parents whenever possible.
5. No-fault divorce “exceptions” in California
It’s also important to recognize that although California is a no-fault divorce state, there are still some elements of “fault” in California divorce proceedings. That’s because California has codified limited exceptions where certain acts of misconduct are relevant during divorce proceedings. For example, a history of domestic violence can impact spousal support. As another example, a spouse may breach his or her fiduciary duty during a divorce if their actions or omissions harm the other spouse's interest in the community property, for example by intentionally hiding marital assets. There are remedies for this. However, you do not need to prove anything untoward happened simply to obtain a divorce.
So even though one spouse’s misconduct has no bearing on a party’s ability to file for divorce in the first place, it’s possible that the misconduct may become relevant for other reasons during divorce proceedings.
6. Why is no-fault divorce in the news?
No-fault divorce has been a big topic in the news lately because conservative lawmakers in some states are pushing to end no-fault divorce laws. A return to fault-based divorce means you would have prove a spouse did something wrong, like commit adultery or domestic violence, to obtain a divorce. While most conservative lawmakers oppose government interference in people’s lives, a return to fault-based divorce would represent major government interference in people’s lives. In a fault-based system, a person could be stuck in an unhappy, or even abusive, marriage if he or she cannot prove that these things occurred. It can be very difficult, if not impossible, to obtain evidence of infidelity, abuse, and more. If the person cannot prove fault, they could be forced to remain in an unhappy or toxic marriage. Proponents of fault-based divorce tend to believe that it’s too easy to get divorced, and someone opposing divorce should have the right to force keeping the marriage intact. This issue poses interesting societal and legal questions.
Emily Rubenstein Law PC is a full service divorce and family law firm. We proudly serve Beverly Hills, West Hollywood, West Los Angeles, Santa Monica, Culver City, the South Bay, Glendale, Pasadena, Sherman Oaks, Studio City, Encino and all of Los Angeles County.
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