On behalf of Kaspar & Lugay LLP posted in Divorce on Thursday, October 12, 2017.
For earlier generations, divorce was considered a taboo subject and did not occur with the frequency that it now happens in California courts. As times have changed so too have many American divorce laws, and whereas once individuals who wanted divorces had to allege fault against their spouses, now many jurisdictions have done away with that requirement and allow marriages to end without evidence of serious misconduct or harm.
California is one such jurisdiction. Individuals who wish to divorce in Corte Madera, San Francisco and the rest of the Golden State must only allege that irreconcilable differences exist in their marriages. The removal of the fault requirement from divorces often spares individuals from having to air the marital troubles in court and preventing the public from learning about the challenges that caused the downfall of their relationships.
Once a person decides that it is in their best interests to end their marriage through divorce they must still meet certain requirements. Even though fault is not required, individuals must meet residency and filing requirements in order to have their cases heard in California courts. Additionally, most divorces are subject to waiting periods and will not be finalized immediately upon the completion of divorce-related negotiations; individuals with questions about the requirements for filing for divorce in California are encouraged to contact family law attorneys.
Ending a marriage is often a contentious process but in California the problems that led a party to file for divorce do not have to be included in their pleadings. Parties must only allege that their marriages suffer from irreconcilable differences and meet certain jurisdictional requirements to begin the process of terminating their marital unions.