Written By:
Divorce.com Staff
No-Fault Divorce in California: What You Need to Know
In California, a no-fault divorce is widely regarded as one of the simplest and most cost-effective ways to end a marriage.
Compared to fault-based divorce systems, it is typically smoother, faster, and less adversarial—making it an appealing option for couples seeking a more efficient resolution.
This guide explains the fundamentals of no-fault divorce in California, including how property is divided and the limited circumstances in which courts may still consider misconduct.
Is California a No-Fault Divorce State?
Yes. California is a no-fault divorce state, meaning California divorce law does not allow spouses to formally allege fault.
You will not find fault-based grounds in California divorce petitions, and courts will not consider marital misconduct—such as adultery—when deciding how to divide property, assign support, or otherwise dissolve the marriage.
Instead, California divorce papers list “irreconcilable differences” as the sole ground for divorce. This simply means that the spouses no longer wish to remain married and do not believe reconciliation is possible.
While some divorce attorneys dislike the no-fault framework (it limits leverage and litigation), it generally makes divorce far less stressful for families. Ending a marriage without arguing over blame allows spouses to focus on the future instead of relitigating the past—and it significantly reduces paperwork and conflict.
In this case, California law arguably gets it right.
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What Is a No-Fault Divorce?
If your understanding of divorce comes mostly from movies or television, you may picture dramatic courtroom battles where wrongdoing determines the outcome.
That scenario reflects a fault-based divorce, where one spouse attempts to prove misconduct (such as adultery or abandonment) to gain a more favorable result.
Some states still allow fault divorces and provide a statutory list of fault grounds. In a few states—Arizona, Arkansas, and Louisiana—couples may even opt into a covenant marriage, which expands fault grounds by agreement.
However, fault divorce is not the only model.
In a no-fault divorce, spouses do not allege wrongdoing. Instead, they simply acknowledge that the marriage is no longer workable. This approach typically leads to:
Lower legal costs
Less adversarial proceedings
Greater flexibility in how the divorce is resolved
When fault is not alleged, attorneys focus on process management and settlement—not proving misconduct.
No-fault divorce also expands your options. Couples are far more likely to resolve matters through:
Mediation
Collaborative divorce
DIY uncontested divorce
Online divorce platforms
By contrast, fault divorces are inherently contested divorces, because proving fault is only necessary when spouses disagree about outcomes such as property division, support, or custody.
Criticism of No-Fault Divorce
No-fault divorce is not without critics. Some studies suggest that divorce rates increased after no-fault laws were enacted.
However, this increase is widely attributed to the fact that no-fault divorce prevents one spouse from unilaterally blocking the other from ending the marriage—not because marriages suddenly became weaker.
California Community Property Law
California’s no-fault framework works hand-in-hand with its community property system.
Under California law:
Each spouse keeps their separate property, including:
Assets acquired before marriage
Gifts and inheritances
Income generated directly from separate property
Community property—generally income earned during the marriage—is divided 50/50
Because the law mandates equal division, there is little room for fault to influence property outcomes.
This differs from equitable distribution states, where judges have discretion to divide property based on fairness factors. In those states, fault can sometimes matter.
Legal Separation Date
Spouses stop accumulating community property on the legal separation date, defined as the point at which irreconcilable differences arise.
If spouses separate long before filing, courts may recognize an earlier separation date. Otherwise, the filing date is usually used.
Does Adultery or Bad Behavior Affect Divorce in California?
Generally, no.
California courts do not consider pre-divorce misconduct—such as adultery—when deciding financial matters.
However, there are limited exceptions.
Exceptions to the No-Fault Rule
1. Misconduct During the Divorce Process
If one spouse attempts to hide assets or engage in financial deception during the divorce, courts may impose sanctions. In some cases, judges award the entire concealed asset to the other spouse.
2. Protection of a Vulnerable Spouse
If there is a history of domestic violence, courts may issue restraining orders or make temporary orders to protect the survivor during the divorce.
3. Child Custody Considerations
Misconduct may affect custody only if it directly threatens the child’s well-being.
Violence toward a child can severely limit custody rights
Joint custody is presumed to be in the child’s best interest
Courts award sole custody only when one parent is clearly unfit
Importantly, a parent’s behavior toward their spouse—such as infidelity—is irrelevant unless it impacts parenting ability.
An adulterous spouse can still be an excellent parent, and children generally benefit when parents avoid letting marital conflict interfere with co-parenting.
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How Long Does a No-Fault Divorce Take in California?
Timelines vary, but no-fault divorces are almost always faster than fault-based divorces because they eliminate complex evidentiary disputes.
California law imposes a mandatory six-month waiting period from service of divorce papers to final judgment, but uncontested cases often resolve soon after that minimum period.
In this respect, the California legislature did divorcing couples a favor—allowing them to move forward with their lives more quickly.
