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What is San Jose No Fault Divorce?

Posted by Ahluwalia Law Professional Corporation | Nov 12, 2013 | 0 Comments

In the state of California, there are several divorce options. Unlike most states, California allows for no-fault divorce, which means that the dissolution of the marriage does not need to have a cause. Some other states require that the couple declare the cause of divorce, such as adultery or abuse. When couples in San Jose file for divorce, they do not need to state the grounds for divorce. Every divorce in California is automatically a no-fault divorce.

Even though California is a no-fault divorce state, it is still very helpful to have San Jose divorce lawyer Madan Ahluwalia present to answer any questions you have and to look at your case.

What could no-fault divorce mean for me?

In a no-fault divorce, blame cannot be placed on one party to try to gain rewards over another. This means that fault cannot be placed on either spouse to try to gain additional custody or property. When you file a no-fault divorce, the “cause” of the divorce is irreconcilable differences. The court cannot favor either spouse, but it is still important to consult our San Jose family law attorney to make sure that all interests are appropriately represented.

While there may be no reason to file for divorce first, it is favorable to contact our San Jose family attorney when you are considering a divorce. Unfortunately, San Jose family law determines that one cannot stop a divorce from happening. Your spouse can file for a divorce without your support, and vice versa.

In California, a no-fault divorce can take as early as six months to process. This does not mean that it will be finalized within six months, but that the court could process the divorce as early as six months. Having our attorney represent you can help you better understand the process and paperwork required. The following forms are required by all persons filing for this type of divorce:

  • Divorce Settlement Agreement
  • Petition-Marriage Form
  • Summons Form

For more information, please contact our divorce attorney.

San Jose Divorce Attorney

If you think that no-fault divorce is an ideal solution for your family, please consult our San Jose family law lawyer Madan Ahluwalia of Ahluwalia Law P.C. at 866-666-4647 or contact us online.

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