Divorce used to be much less common than it is today. One of the reasons fewer people got divorced was that you used to have to establish fault or grounds for a divorce. Essentially, one spouse would need to demonstrate to the courts that the other spouse violated the marriage vows in a way that made the relationship irreparable. Getting rid of fault in divorces made the whole process simpler.
Although fault is no longer a necessary component in modern divorces, many people still think that it is. The need to establish one person’s responsibility for the end of the marriage is a persistent divorce myth that may keep some people from moving on to a happier future. You don’t need evidence of wrongdoing, like an affair, to officially divorce your spouse.
California law allows for a no-fault divorce. That means that you do not need to establish grounds for a divorce, but can instead divorce simply because your marital relationship is no longer healthy and salvageable.
Do you want to prove cause because you seek some kind of justice?
Many individuals considering divorcing for cause or in a fault-based divorce do so because they want to show the world that the end of their marriage was not their fault. This approach is particularly common initially when someone wants to divorce because of infidelity.
While infidelity is often grounds for divorce, that doesn’t mean you need to prove it to the court. Actually establishing cause to the courts can cost thousands of dollars. You will not only need to pay for your attorney‘s time, but also for the court’s time. You probably need investigation help as well, if you hope to provide concrete evidence of wrongdoing.
In the end, all of that extra litigation will do nothing other than give you a sense of satisfaction. The courts cannot consider marital wrongdoing when they divide up your assets. They will also typically not consider issues like infidelity when determining how to split custody of your children.
Use your divorce to focus on the future, not the past
Divorce is about the end of one relationship, but it is also about the beginning of the rest of your life. When your marriage fails, it can take a toll on you emotionally, socially and financially. Thankfully, divorce can help you obtain a fresh start. Instead of drawing out the painful process of ending your marriage, you should instead focus on building a foundation for a happier life in the future.
You don’t need to focus on assigning blame or fault for the end of your marriage. Instead, focus on securing a fair outcome to the proceedings so that you have a solid foundation for your future life.