Divorce - Frequently Asked Questions (FAQ's)

1.) What is divorce?
2.) What does "no fault" mean?
3.) Why not stay married and simply live apart?
4.) What is community property?

1.) What is divorce? | Back to Top

Divorce is a process that is overseen by the court to make sure that:

• The property and debts that arose during the marriage is evenly divided between the parties;
• The children and spouses are financially provided for, taking into account the income and capability of the parties;
• The children are properly cared for and parented.

In some states, before being granted a divorce, you must prove that the divorce is someone’s fault. For example, one of the spouses was unfaithful. Sometimes that meant that the "at fault" party was treated more harshly by the court, especially with respect to custody and visitation with the children.

2.) What does "no fault" mean? | Back to Top

In some states, before being granted a divorce, you must prove that the divorce is someone’s fault. For example, one of the spouses was unfaithful. Sometimes that meant that the "at fault" party was treated more harshly by the court, especially with respect to custody and visitation with the children. California no longer requires that one of the parties be at fault before granting of a divorce. No preference is given for being the "innocent spouse". Before granting a divorce, California courts only are concerned with an equitable division of property, appropriate orders for the support of the parties, and the arrangements for the care of the children.

3.) Why not stay married and simply live apart? | Back to Top

Marriage is more than just an emotional union. It is a business partnership. Spouses are responsible to each other and for each other’s actions. When you are married, the merchants, the IRS, the insurance companies that you deal with are doing so with the understanding that if something happens to one of you, that the other will be responsible. The other thing to consider is that until you obtain a divorce, you cannot remarry.

4.) What is community property? | Back to Top

Simply, it is the assets and debts incurred during the marriage. It is not gifts or inheritance. It can exclude debts incurred by one of the parties that did not "benefit" the marriage, such as gambling debts, other illicit activities which the other spouse had no knowledge of and did not receive the benefit of.

Back to - Divorce General Information

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