Do you have to prove that your divorce is necessary?

On Behalf of | May 23, 2023 | Divorce |

You may have decided that you want to get divorced, but you’re struggling with the reason. The problem is that you’re just not even sure what the reason is. Your spouse hasn’t had an affair. They haven’t been abusive. They haven’t caused any financial problems.

All that has happened is that the two of you have drifted apart and the relationship has changed. You know that you don’t want to be married anymore and you have your differences, of course, but does that prove that you should be granted a divorce? Do you even need to do so?

No-fault divorce laws

At some times in the past, people were asked to show that a divorce was necessary when they went to court. But this has all changed with no-fault divorce laws, which have been in place in California for decades. Under these laws, you do not have to prove that your spouse did anything wrong, or that the divorce itself is warranted. You can cite irreconcilable differences and simply end your marriage, and the court isn’t looking for a specific reason beyond that.

In fact, you may know that your spouse doesn’t want a divorce. Even this can’t hold you back under no-fault laws. You can still get divorced, even if your spouse doesn’t want to or if he or she refuses to cooperate with the process. It is true that it took two of you to get married and sign the paperwork, but it only takes one of you to get a divorce.

What steps should you take next?

Divorce is much easier than it used to be, but it can still become complex to figure out all the details. Make sure that you know exactly what legal options you have.