San Francisco Family Lawyer

San Francisco No Fault Divorce Attorney

Family Attorney in San Francisco

No Fault Divorce

In the past century, major changes to the nation’s divorce laws have taken place. One of the most important and wide-spread changes is the notion of a “no fault” divorce, which means that neither person has to prove wrongdoing on behalf of the other in order to get a divorce. Prior to the enactment of these laws, many persons who wished for a divorce would have to hire a private investigator or intentionally do something “divorce-worthy” in order to obtain proof that a divorce was appropriate. This not only tied up the legal system as judges were made to evaluate the legitimacy of the wrongful acts, but it also made divorces much uglier as each party fought to protect their reputation while damaging that of their spouse. In modern California, we only practice no fault divorces, which means you do not need to provide your San Francisco divorce lawyer with proof of malfeasance on behalf of your spouse solely to get a divorce.

While many people going through divorces learn ugly secrets about their spouses, such as extramarital affairs, these matters do not affect the divorce unless you have a prenuptial agreement that specifically mentions the wrongful behavior. There is also no advantage to being the first person to file a divorce, again, unless your prenuptial agreement specifically mentions this situation. If you do have a prenuptial agreement, it is always best to review the document with your San Francisco divorce attorney before proceeding with the divorce.

One of the biggest changes after the enactment of the no-fault laws was the fact that only one spouse now needs to agree to a divorce. If the other wishes to stay in the marriage to make things work, they must convince their partner to put a stop to the divorce. Merely refusing to sign a divorce agreement will not achieve anything. There is always a six month waiting period before a divorce is finalized and most separations will take even longer before they are complete. This means if one party wishes to stop the divorce, they will have at least six months to put the brakes on the matter. If you and your partner decide to stop a divorce after the petition has already been filed, a San Francisco divorce lawyer can help.

If you have any other questions about how no fault divorce laws may affect your separation, please call The Law Offices of Randall A. Richmond and schedule a consultation with a top San Francisco divorce attorney.

870 Market Street, Suite 1263
San Francisco, CA 94102
Phone: 415-701-8300