California Law and At-Fault Divorces
Up until relatively recently, to get a divorce in the United States, a married couple needed evidence that one of them had committed a wrongdoing serious enough to invalidate the marriage contract. Such wrongdoing was called grounds for divorce, or “fault.” Without grounds for divorce, the courts would never grant a dissolution to the marriage, meaning that couples would either be stuck together or have to purposely do something that would give them an excuse to file for divorce.
The History of At-Fault Divorces
The most common grounds for divorce were:
- Adultery
- Cruelty, either mental or physical
- Desertion/abandonment
- Imprisonment
- Inability or unwillingness to engage in intercourse
All this changed in 1969, though, when California passed the Family Law Act. The law did away with the antiquated system of determining fault in divorces and replaced them with the simple grounds of “irreconcilable differences.” No longer were spouses forced to stay together because the courts didn’t recognize their marriage as incompatible.
Since the Family Law Act went into effect in 1970, the divorce process has become a more personal one, in which husbands and wives can leave their marriage without having to explain their rationale to the government. While many states still have “at-fault” divorce laws on the books – which allow wronged spouses to seek more favorable divorce agreements – California no longer offers at an-fault divorce option.
If you have any questions about your rights or responsibilities during the divorce process, our San Jose divorce lawyers are here to help.
Contact Us
If you or someone you love is going through a divorce and has any questions about California divorce law, contact the San Jose divorce lawyer, Daniel Jensen, today by calling 408-296-4100.
