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Can I file for divorce in California without proving fault?

Can I file for divorce in California without proving fault?

Full question:

I am married, but I have a girlfriend too. We want to get married but before that I would like to legally divorce my wife. Can I file a divorce without proving any fault on her behalf? We live in California.

Category: Divorce
Date: 04/07/2025
State: California

Answer:

Yes, California allows for a "no-fault divorce." You can file for divorce by claiming "irreconcilable differences" without needing to prove any fault on your wife's part. According to California Family Code § 2310, the grounds for dissolution of marriage can be based on:

(a) Irreconcilable differences that have caused an irremediable breakdown of the marriage, or
(b) Permanent legal incapacity to make decisions.

Therefore, you can proceed with the divorce based on irreconcilable differences.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can you divorce without the other person signing in California?

Yes, you can file for divorce in California without your spouse's signature. If your spouse does not respond to the divorce petition, you can proceed with a default judgment. However, you must still serve them with the divorce papers and follow the legal process. It's important to ensure that all legal requirements are met to avoid delays or complications in your case. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What happens if you get married and not divorced?

If you marry someone while still legally married to another person, the second marriage is considered void in California. This means it has no legal effect. You may face legal consequences, including potential charges for bigamy. It's crucial to finalize your divorce before entering into a new marriage to avoid these issues. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What happens if a couple is separated but not divorced?

If a couple is separated but not divorced, they are still legally married. Separation does not terminate the marriage, and both parties remain responsible for each other's debts and obligations. However, separation can affect property division and spousal support in divorce proceedings. It's advisable to consult a legal professional to understand your rights and options during separation. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What happens if you get married and are already married?

Getting married while still legally married to another person is considered bigamy and is illegal in California. The second marriage is void and has no legal standing. If you find yourself in this situation, it's important to resolve your first marriage through divorce before attempting to marry again. Legal consequences can arise from bigamy, so seeking legal advice is recommended. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What if my husband married another woman while still married to me?

If your husband married another woman while still married to you, that second marriage is considered void under California law due to bigamy. You have the right to seek legal action to address this situation, including pursuing a divorce. It's advisable to consult with a family law attorney to understand your options and protect your rights. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*