Comparing Traditional and No-Fault Divorces

Divorces in California today comes in only one form: the “no-fault” divorce, usually citing irreconcilable differences. Neither spouse is held at fault for their actions; the marriage is simply over. Yet this was not always the case. So-called “traditional” divorces, no longer the norm in California, carried many more restrictions and often pitted spouses against one another.

If you and your spouse are considering a divorce, you can work together in the best interests of both of you. To start the process, call the compassionate Oceanside divorce lawyers of Fischer & Van Thiel, LLP today at 760-722-7646.

What is No-Fault Divorce?

When it was passed in 1969, the Family Law Act of California marked a revolutionary turn: couples no longer had to list one of them as being at fault. They could decide to get a divorce for their own reasons, whatever they may be-no need for wrongdoing, real or fictitious, to end a marriage. This is where the term “irreconcilable differences” originated, as a way of expressing the fact that both partners willingly end the marriage for their own reasons.

Prior to 1969, all divorces in all states had to list one party at fault. For example, if one spouse committed adultery, the other could cite this behavior as grounds for a divorce, placing the adulterous spouse at fault. The laws governing divorces were often based on traditional gender roles, and exchanges of money were based on wrongdoing rather than need.

Contact Us

By working with the experienced Oceanside divorce lawyers of Fischer & Van Thiel, LLP, you and your spouse can help minimize the stress and blame associated with outdated divorce practices. To discuss your case with an attorney, contact us today at 760-722-7646.