Is Fault Relevant in a California Family Law Proceeding?

The answer is NO, UNLESS otherwise provided by law, explained below.

Fault is not relevant regarding the issue of the termination of the marriage. California was a fault state until 1972, when the legislature changed the law, making California a no-fault state regarding the issue of the termination of the marriage.

So, the why of the divorce, i.e., the reason the spouse wants the divorce, is not legally relevant. But, fault and wrongdoing are very relevant in other areas in family law proceedings.

Those areas are “otherwise provided by law,” and include:

  1. Spousal support
  2. DVPA - Domestic Violence Prevention Act
  3. Child Custody
  4. Fiduciary duties (has there been a breach of those duties owed to the other spouse)
  5. Sanctions
  6. Nullity (there must be a connection between the claimed bad acts and the grounds for the nullity)

Regarding these issues and proceedings, we need to bring admissible fault and wrongdoing facts into evidence for the Judge to consider, depending on the type of relief the litigant is seeking from the court.

If you are interested in filing for a divorce in Westlake Village or Thousand Oaks, contact Richard Ross Associates today at (805) 410-3407 today.

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