When looking up divorce in Ventura, California, you probably came across the word "no-fault." Understanding what this means within California law can help you move forward with your divorce. We, at Hoffer Family Law Firm, want you to be informed. Below, we provide context to what a no-fault divorce means in Ventura and how you can start the divorce process in California.
What Are Grounds for Divorce in California?
In California, you do not have to have a legal reason to file for divorce in order to make the divorce somehow valid. You may, on the other hand, have your own reasons for the divorce. Those reasons, however, do not necessarily matter to the court for the divorce. They may, however, matter for other divorce-related issues, like child custody if, for example, the cause of the divorce is abuse.
You can get divorced in California based on what is known as irreconcilable differences. As such, the divorce does not need to be founded on the fault of one spouse. For example, you can get divorced without the spouse cheating on you or abusing you in any way. You can get divorced for no reason but for not wanting to be married anymore even though it is no one's fault you feel that way.
Some states still require fault grounds for divorce (e.g., adultery). In fault states, you do not have an option to get divorced unless your spouse did something wrong.
How Can a No-Fault Divorce Impact Your Divorce in Ventura?
In California, all divorces are no-fault divorces. No-fault grounds for divorce still affect your divorce in various ways:
- Because it does not matter what the reason for your divorce is, you do not have to prove anything. For example, if your spouse committed adultery and that's why you fought and are now divorcing, you do not have to prove adultery before a judge and your spouse does not have to deny the allegation before a judge. No-fault makes divorcing a little more efficient.
- Because fault is not considered before a judge orders the dissolution of a marriage, it is also not considered when determining spousal support (also known as alimony). Factors the court may weigh for spousal support is each party's ability to support themselves, support their minor children, and the impact caring for children has on the primary custodial parent's ability to work.
- Sometimes, fault is considered when the reasons can have a detrimental impact on or poses a security risk to a child. For example, if the at-fault spouse was abusive or is addicted to drugs or alcohol, the court may deem it in the best interests of the child to grant sole custody to the other parent.
- Fault, when it impacts child custody, may also impact child support. When one parent has primary physical custody of a child, the other parent may be ordered to pay support.
In the above ways, fault can play an important role in many aspects of your divorce, it just isn't required for you to attain a divorce in Ventura, California. To learn more about how to prepare for a divorce in Ventura, contact Jeffrey L. Hoffer today.
Contact Certified Family Law Specialist in Ventura Today
If you are thinking of divorcing your spouse, rest assured that California is a no-fault state. As such, you do not need a reason to divorce but for the irreconcilable differences mentioned above.
That said, if there is a reason for the divorce, you may want to discuss it with your attorney. The reason for your divorce can still have a significant impact on the overall divorce process.
Contact Jeffrey Hoffer, Certified Family Law Specialist, today either online or at 805-449-4290 for a free divorce consultation.