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No-Fault Divorce .

No-Fault Divorce

In California, the common reason used to file for divorce is “irreconcilable differences” which means the two spouses cannot get along. The generic reason of irreconcilable differences is used because California is a “no-fault” divorce state, meaning that all divorces, regardless of reason for divorce, are considered “no-fault” and neither spouse needs to prove that the other did something wrong.

California law does not punish a spouse because they had an affair, nor does it reward a spouse for being faithful. It makes no difference in a no-fault divorce, and property is generally split between spouses equally.

The divorce process starts when one spouse files for divorce. Upon filing the legal paperwork to request a divorce, that spouse is known as the “Petitioner”. The other spouse is then notified of the request for divorce and they now become the “Respondent” because they are responding to the initial request.

California requires a mandatory six-month waiting period before a divorce can be final. Most divorces take longer to complete because they need to go to trial or because there are many factors to resolve to reach a settlement.

Once the divorce is final, there is still some work to be done. You may want to change your name, and you want to be sure to review any accounts that have named beneficiaries (such as a 401k plan) to update the relavent information.

Contact Thorsteinson Law Group  in Long Beach or Huntington Beach to help you with your divorce. We provide complimentary consultations, and are dedicated to helping you through the divorce process.  Brett Thorsteinson is a divorce lawyer who will advocate for your rights.