When a marriage starts to fall apart, it is common for both spouses to blame one another. The spouse who filed for divorce may point to certain behaviors, while the responding spouse may insist that the act of filing destroyed the marriage.
People choose to divorce because of domestic violence, adultery, questionable financial behavior, substance abuse and a host of other troublesome behaviors. Some people approach the process with the desire to simply terminate the marriage and move on with life as quickly as possible. Others hope for justice. They may want the courts to declare the other spouse at fault for the divorce or to consider marital misconduct when making decisions about key matters.
How much influence does marital misconduct have on the outcome of divorce proceedings?
California is a no-fault divorce state
Some jurisdictions allow spouses to seek divorce on the basis of specific fault-based grounds. If they have proof of cruel treatment or adultery, the courts can grant them a divorce based on the bad behavior of one spouse.
California was the first state to enact no-fault divorce statutes and does not currently recognize fault-based grounds for divorce. The state only offers no-fault divorces. Either spouse can petition the courts for divorce by asserting that the marital relationship has become unhealthy and unsustainable by citing irreconcilable differences as the grounds for divorce. They do not typically need any evidence to affirm their claims.
Allegations of fault typically have minimal impact on the outcome of divorce proceedings. The courts usually cannot consider marital misconduct when dividing property. Instead, the same community property rules apply regardless of why the marriage ended.
There are a few, limited exceptions to the no-fault approach to divorce. In cases involving domestic violence, substance abuse and other misconduct that could endanger minor children, evidence of problematic behavior can influence how the courts allocate parental rights and responsibilities.
Additionally, if one spouse has proof of significant financial misconduct during or immediately prior to the divorce, that misconduct could theoretically influence the division of marital property. The courts may consider attempts to hide marital property or the dissipation of marital property, possibly by spending money on an affair, when applying community property statutes to marital property.
Some people begin the divorce process under the impression that fault has a major impact on the outcome. They may waste time, energy and money pushing for unobtainable goals. Learning more about California’s unique divorce statutes can help people prepare for the legal process ahead.
