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What Does it Mean that All Divorces are No-Fault Divorces in California?

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California is a no-fault divorce state which means that all divorces in the state are “No Fault” divorces. In a no-fault divorce, the spouse petitioning for a divorce does not need to prove that the other spouse was in the wrong in any way. In most no-fault divorce case, the spouse who files the petition for divorce cites irreconcilable differences. The spouse filing the petition for divorce is referred to as the Petitioner, and the spouse who responds is called the Respondent.

Can You Stop a California No-Fault Divorce from Happening?

In a no-fault divorce state like California, it only takes one spouse to file for divorce. If the other spouse does not want to get a divorce, there is very little they can do outside of merely delaying the proceedings, which will often result in unnecessary legal fees.

How Long Does a No-Fault Divorce Take?

The earliest a California court will grant a final divorce is six months after filing. There is a six month “waiting period.” This does not mean that all California divorces are final after six months. Most California divorces take longer than six months. For the divorce to be finalized, parties involved must settle their divorce case or take the case to trial. In some cases, it is possible to resolve a divorce case in a much shorter time than six months and even implement the terms of the agreed on divorce settlement before the six month mark, but the court will not grant a final divorce decree until the six month waiting period has been met. The waiting period begins on the day the Respondent is served.

If you need to get more information about how to seek a no-fault divorce or what it means to get a no-fault divorce in California, please get in touch with one of the experienced California divorce attorneys at The Maggio Law Firm today.



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