Some people feel very uncomfortable with the thought of going to court and seeking the end of their marriage. They may worry that others will blame them if they file for divorce or that their spouse will fight and they will wind up trapped in a marriage after trying to leave it.
You might worry, for example, that you don’t have adequate proof of misconduct to convince the court to grant you a divorce. Do you need evidence of wrongdoing for a divorce if your spouse does not agree to one?
No-fault divorces only require one spouse’s consent
In California, as in most other states, you can request a divorce based on the decline of your marital relationship. You can state that you and your spouse have irreconcilable differences and that your relationship has broken down past the point of repair. If your spouse cooperates, you could file an uncontested no-fault divorce where you settle everything outside of court.
Even if your spouse does not agree that the marriage is over or that divorce is the right step, the court can grant you a no-fault divorce. There may be more time and money involved in a contested divorce, but the court will determine your property division according to community property laws and any custody or support issues.
There aren’t any fault-based grounds for divorce in California. The only other way to divorce, other than claiming irreconcilable differences, would be to show that your spouse has incurable insanity. There are no grounds for divorce based on misconduct. Learning more about California divorce laws can help you prepare for the end of your marriage.