Couples in the early stages of divorce often play the blame game. Neither wants to admit that they are responsible for the decline of the marital relationship. Others might attempt to file for divorce and hope that the courts acknowledge that their spouse is the reason they made that decision.
Is the collection of evidence regarding marital misconduct and fault for a divorce a worthwhile undertaking for those planning to end a marriage in California?
No-fault filings are the only option
California does not recognize fault-based divorces. While other states may grant divorces due to claims of adultery, abuse or other forms of misconduct, California only hears cases brought on a no-fault basis. The filing spouse must assert that the marital relationship has declined to a point where it is not salvageable to divorce.
Proof of fault is not necessary for a divorce and has minimal impact on the outcome of a divorce. No-fault divorce statutes mean that the courts generally do not consider misconduct when allocating property or addressing custody matters.
However, there are limited exceptions in cases involving addiction or abuse, as that could impact what custody arrangements are best for the children. In cases where there is clear evidence of dissipating marital property, intentional financial misconduct during or immediately before a divorce can affect the outcome of financial rulings.
For most people, gathering proof of fault before a California divorce may ultimately be a waste of time and energy. Discussing the circumstances prompting a divorce with a skilled legal team can help people determine the most effective way to develop their case before going to family court.