Does it matter that he was cheating with his secretary for half the marriage? What about the fact that she was never ever house for dinner and spent all her time at the office? Guess exactly what … In a California divorce, the answer is no.
California is a no-fault divorce state. That means the court has no interest in who you think is to blame for the failure of the marriage. California courts do not wish to hear about the lying, the unfaithful, the fact that he never ever listened, or that she was continuously bothersome. On the Petition for Dissolution of Marriage (one of the forms you file to get a divorce or “dissolution” started in California), there are just two optional grounds for a dissolution: Irreconcilable differencess, or Incurable Insanity. That’s it. Irreconcilable differences implies that blame doesn’t apply. Incurable Insanity indicates that you could show by qualified medical testament that your partner was incurably insane while you were married.
An related issue among parties is whether a judge will view one spouse in a much better light since she or he filed first. The reality is that judges do not care who declares dissolution first. There may be other strategic effects to filing at various times, and you should go over these with your California Separation Lawyer.
One great advantage of a no-fault divorce system is that you don’t waste time and money proving blame, or cruelty, or infidelity, as in some states. This is not the case almost everywhere. Take, for instance, supermodel Christie Brinkley’s recent divorce in New York State. With the course of that trial, the court permitted Ms. Brinkley to expose publicly husband Peter Cook’s tawdry affair with his 18 year-old assist, in addition to his addiction to pornography. This kind of dirty laundry usually has no place in a California separation. Instead, you and your California separation attorney could concentrate on the legal concerns: property division, support, and child custody if there are children included.
One crucial exception to the no-fault separation guideline is a circumstance including domestic violence. The subject of domestic physical violence is outside the scope of this article, however suffice it to say that California courts take domestic violence very seriously. If you are in immediate danger, you must get in touch with the authorities right away and ensure you are safe. If you have been a victim of domestic violence in the past, you must contact a proficient California family attorney to discuss your options.
A no-fault separation suggests it’s not about who did or said what to whom throughout the marital relationship. It’s about getting the divorce completed by applying community property, custody, and support laws, so you can leave the skeletons in the closet and out of the courtroom.
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