Every day, people in California decide to file for divorce. The courts see countless dissolution cases that may relate to infidelity or spousal abuse. Frequently, one spouse chooses to file because the other did something that violated their marital vows or caused irreparable damage to the relationship. Even in scenarios involving egregious misconduct, it may be a challenge to prove fault in a courtroom.
How important is fault to the overall divorce process in California?
Only no-fault divorce is available
The laws for divorce are slightly different in every state. In some jurisdictions, fault is an important consideration. However, California only allows people to pursue no-fault divorces. It does not matter if there is evidence of misconduct or not.
Spouses pursue divorce on the basis of irreparable damage to the marital relationship. Fault typically has minimal bearing on any decisions made by a judge during divorce proceedings. They typically cannot consider spousal misconduct when dividing assets in accordance with community property statutes or splitting up parental rights and responsibilities.
There are certain exceptions for particularly egregious scenarios. If there is proof of intentional financial misconduct, the courts could factor that into the property division process. Such issues are relatively common in high-asset divorces, as spouses may dissipate or hide marital assets. Additionally, abuse or addiction might influence how the courts address parenting matters.
Reviewing the legal grounds for divorce and other marital details with a skilled legal team can help people prepare for complex divorce proceedings. People who understand the basics of California no-fault divorces can prioritize matters that are within their control, rather than worrying about gathering proof of fault.