If you are contemplating
divorce and you’ve never been divorced before, surely you have your share
of questions. For the purpose of this post, we want to address three specific
facts about a California divorce that you should know. We’re addressing
these particular facts because they apply to a lot of divorces. If you
have pressing questions that aren’t answered here, please don’t
hesitate to contact our firm to schedule a free consultation with a member
of our legal team. We would be more than glad to shed light on your divorce.
Fact 1. California is a no-fault divorce state.
Historically, spouses needed to cite a ground for divorce when they filed
their petition. For example, a spouse would cite adultery, cruelty, or
abandonment. However, California was the first state to implement no-fault
divorce, which means a spouse cites “irreconcilable differences”
when he or she files for divorce. In California’s courts, judges
are not interested in hearing “why” a marriage fell apart.
All the judge cares about is the fact that one spouse wants to end the marriage.
Fact 2. Adultery doesn’t affect spousal support.
If your spouse has been cheating on you and you’ve been saving their
racy texts, or if you’ve been collecting their secret emails, please
be aware that the judge probably won’t be interested in reviewing
the evidence. Why? Because as we mentioned above, California is now a
no-fault divorce state; therefore, an affair shouldn’t have any
impact on spousal support or property division.
However, if your spouse spent marital assets on things such as hotel rooms,
lavish gifts, trips, or even an apartment for their paramour, those expenditures
can affect your settlement. If an affair affected the cheating spouse’s
ability to parent, it
can have an impact on
child custody depending on the facts of the case.
Fact 3. California is a community property state.
California is one of a handful of states that is a community property state.
This means that a married couple’s assets are owned equally by both
of them. Separate property however, remains separate. A divorcing couple
can deviate from a 50/50 split if they so choose, so long as the property
division is reasonable and fair.
Do you have further questions about California’s divorce laws? If so,
contact our office to schedule a consultation with a San Diego divorce attorney!