California is a "no-fault" divorce state. What does the emphasis of "fault" or "no-fault" really mean? Before the enactment of the Family Law Act of 1969, a divorce could be obtained in California if one spouse could prove the other spouse committed adultery, extreme cruelty (resulting in grievous bodily injury or grievous mental suffering), willful desertion, willful neglect, or habitual intemperance, or if the other spouse was convicted of a felony, or was incurably insane.
Consequently, when California emphasized the use of "fault" in divorce proceedings, the law required the "innocent" party to receive more than half of the community property in an amount determined by the trial court. Needless to say, divorce proceedings in California became "adversarial" in nature as the innocent" spouse was extremely motivated to prove "fault" to obtain a greater division of property from the marriage.
After the enactment of the Family Law Act in the Family Code, proving "fault" was no longer part of the judicial framework for obtaining a divorce in California. Today, California has two grounds for obtaining a divorce, which have no basis in fault. These grounds are "irreconciliable differences" or "incurable insanity."
Further, California law provides for the equal division of community property without any reference to or proof of "fault" by one spouse against the other spouse. While acts of misconduct may be used in some circumstances in child custody proceedings, it is important to understand that except as may be provided for in limited circumstances enumerated by statute, any specific acts of misconduct may not be used in a divorce proceeding as a basis for obtaining a judgment of marital dissolution or legal separation in the State of California.
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