California Families Benefit from Our No-Fault Divorce Law

California couples and families are better off with our no-fault divorce system, a significant improvement from the state’s former at-fault approach. It makes for a less stressful, more efficient, and truthful divorce process.

The Law Office of Taylor B. Warner, APLC divorce lawyers in Rancho Cucamonga will fight for your rights at every step of the divorce process, putting their knowledge and experience to work for you. Call us today at (909) 466-5575 and schedule an initial consultation, or complete our contact form so you can start to get the legal help you need.

No-Fault Divorce Criticism Makes the News

In case you haven’t noticed, it’s election season.

Conservative commentators have increased their criticism of no-fault divorce, claiming it’s too easy for married couples (especially women) to end their marriages. All states have no-fault divorce laws, but the Republican state party platforms in Texas and Nebraska call for their repeal or restriction, reports CNN.  

US House Speaker Mike Johnson openly opposes no-fault divorce, which permits couples to divorce without proving one or both are at fault or both spouses agreeing to end the marriage. Johnson, in 2016, claimed no-fault divorce turned the US into a “completely amoral society.” 

Then-California governor, conservative Republican, and future US President Ronald Reagan signed the country’s first no-fault divorce bill into law in 1969.

Why “Fault” Divorce Laws Don’t Work

Before the law changed, California couples had to prove a spouse was the cause of the marriage’s breakdown. This included Reagan, who endured a divorce from his first wife, who claimed she was the victim of his mental cruelty.

This often meant discussing the party’s “dirty laundry” in open court during an expensive and time-consuming legal battle. The couple’s children could also be pulled into this twisted theater, sometimes becoming pawns as witnesses in heated court battles.

Parties often lied about abuse or cheating to achieve a divorce. A spouse (usually the husband) might be lured into a compromising situation by a private detective who took compromising photos, whether or not the spouse was genuinely unfaithful. Negotiations over alimony or child custody became another battleground in this poisoned atmosphere.

Deservedly or not, the party deemed at fault for the marriage’s ending usually suffered economically. They may need to pay more in alimony or receive less. 

The Benefits of No-Fault Divorce

By removing blame from the divorce equation, the process becomes more efficient, streamlined, and less expensive because there are fewer factual and legal issues to consider. Judges don’t need to feel they must punish someone. They only must decide disputed factual issues and determine how laws apply to the situation.

There’s far less drama when a divorce need not include finger-pointing and laying blame. Mediation and negotiation are much more viable options to resolve disputes when a party need not admit blame.

Maintaining a Dysfunctional Marriage Usually Doesn’t Make Sense

Without no-fault divorce laws, fewer couples may marry if they fear a damaging divorce if it doesn’t work out. Dysfunctional marriages would be more common. They may degenerate into hostility or indifference. Anger may boil over into physical, emotional, or sexual abuse that children witness. Or the spouses’ indifference may lead them to live separate lives, openly engaging in other relationships.

An article in Medical News Today lists the costs of maintaining an unhappy, if not abusive, marriage, including the following:

• An unhappy marriage can involve living in constant uncertainty and emotional distress, resulting in high stress levels, which can negatively impact a person’s physical and mental health
• Self-esteem is our sense of self-worth. An unhappy marriage can involve frequent arguments and feelings of rejection. Self-esteem is lower when we feel rejected, and it also harms our mental and physical health. This can result in depression, anxiety, and suicidal thoughts
• Remaining in an unhappy marriage could prevent a party from meeting another who would be a more suitable spouse. It may also prevent a person from seeking a lifestyle that makes them happier and following their passions
• A child witnessing frequent conflict at home may suffer socially, emotionally, behaviorally, and academically. It may also negatively affect their future relationships

Unfortunately, sometimes it makes more sense to stay together, though in a way that limits the spouses’ interactions and exposure to each other. One spouse may desperately need health insurance the other spouse’s employer provides. There may also be financial benefits to the parties staying together. 

Contact Our Rancho Cucamonga Divorce Attorneys Today

A divorce could be difficult, but it need not be. It may be the hurdle you must overcome to start a new and better life. Our divorce law firm in California help our clients with that transition.

Legal representation may be critical to reaching your goals, whether you’re considering a divorce, are committed to getting one, or are facing ongoing problems with your ex after your divorce is final. Contact the Rancho Cucamonga divorce attorneys at the Law Office of Taylor B. Warner, APLC today. Call law firm at (909) 466-5575 to make an appointment to speak with one of our experienced divorce lawyers.

Taylor Warner

Taylor has always been an advocate. Growing up the middle child with an older and a younger brother, Taylor developed a strong voice and personality and has always felt strongly about helping others. Becoming a lawyer seemed to fit Taylor’s personality and character – she is a strong leader and a bold advocate. Learn more here.