California, along with 11 other states, is known as a “no-fault” divorce state. This means that neither spouse needs a reason, or for the other person to be at “fault,” in order to get a divorce. This provides a greater level of flexibility for married couples who are looking to get a divorce, but can also lead to significant misconceptions. 

Because there is no “fault” assigned to the divorce process itself, this often causes people to let their guard down and assume that the procedure will play itself out fairly. Thus, there’s no need to gather evidence or make accusations against the other party, even if warranted. However, the outcome of your divorce is influenced by a variety of factors and it’s important to do your due diligence in order to pursue an effective outcome that works for you. 

No-Fault Divorce is not as Clear Cut As it Seems

First, it’s important to understand that “no-fault” divorce refers specifically to the concept of irreconcilable differences. This acts as a catch-all formal grounds for divorce, as neither party needs to prove any wrongdoing to state that their marriage isn’t working. Thus the divorce can proceed with or without any evidence of wrongdoing. 

As for the divorce proceedings themselves, couples might end up in litigation where evidence of wrongdoing will certainly play a role in the outcome of said disputes. For example, child custody disputes hinge on ensuring the best interest of the child, in which case both parents will likely want to point the finger at each other and provide evidence to demonstrate how they are more fit to parent than their soon-to-be-ex.

What Kind of Evidence Should I Gather For My CA Divorce?

Whether dealing with child custody disputes, issues involving asset division, or any other disagreements that may emerge during your CA divorce, you’ll want to prepare and bring plenty of evidence to support your cause. This means anything that can back up claims of incidents or behaviors such as

• Child abuse or neglect
• Domestic violence 
• Financial misconduct
• Substance abuse
• Attempts or successful efforts to hide assets
• Squandering or dissolving of marital assets

Being able to prove misconduct or wrongdoing can give you an advantage during litigation or other disputes. This is crucial, especially if you don’t want to take any chances with any issues involving child custody, alimony, property division, and more. 

Talk to A Trusted Team of Divorce Attorneys Today

As you prep for your upcoming divorce, make sure that you take the time to partner with an experienced family law professional. At the White Oak Law, we take pride in our ability to navigate our clients and deliver results on all matters relating to family law and divorce in CA. 

Our experienced attorneys can help you formulate a strategy on any upcoming disputes you might foresee during your CA divorce. Call us today to book an initial consultation session where we can help you explore your legal options. You can reach us at 925-271-0999 today to connect with our team of legal experts.