Family Law

San Jose Divorce Attorney Discusses No Fault Divorce

By Scott Sagaria

San Jose Divorce Attorney Discusses No Fault Divorce

Every time a celebrity gets divorced we all hear the headlines that a divorce was filed citing irreconcilable differences. What the press does not get into is that in California there are actually only two grounds for divorce, irreconcilable differences or incurable insanity. As you might imagine most divorcing couples believe that their estranged spouse is insane but of course the medical standard is far more stringent.

California actually became the first state to offer no fault divorces as an option about 40 years ago. This change meant that divorcing couples did not have to assign blame to one party and cite a reason such as adultery or cruelty in order to become divorced. Therefore one party can get divorced even if the other party wants to stay married. Some experts state that this change allowed for shorter, cheaper and less acrimonious divorces. Research by an economist at the Wharton School at the University of Pennsylvania has shown that easier divorces have reduced domestic violence within marriages by one-third.

Some states allow for no-fault divorces but have lengthy waiting periods, such as New Jersey where there is an eighteen month waiting period. In California the waiting period is six months. Our attorneys here at Sagaria Law would be happy to meet with you for a free consultation to go over your specific situation regarding divorce or other family law issues. Please contact us for a consultation at one of our offices in Monterey, San Jose, Fremont or Redwood City.

Full post as published by California Family Law Blog on April 19, 2008 (boomark / email).