Prior to 1975, before the introduction of the no fault divorce in California, marriage could only be terminated if one party could prove the other had committed an act "incompatible" to the the marriage.
In the United States, only New York courts still require fault-based divorce. The introduction of the no-fault divorce, while controversial at the time, was viewed by many in the legal community as long overdue. Requiring proof of malfeasance in divorce served only to encouraged acrimony in what was already an emotional proceeding.
Before the no-fault divorce, there was often collusion between parties in hopes of expediting the process. This arrangement placed lawyers in an awkward position, and trivialized the divorce process. Under a no-fault system divorce was permitted to copacetic parties without the burden of deceiving the court.
If you or someone you know is considering divorce, please contact a San Jose divorce attorney of The Law Office of Daniel Jensen by calling 408-296-4100


