Does It Matter Who’s Fault It Is in A Divorce Hearing in California?
Posted on: July 21, 2022
There are many reasons why couples get divorced. The question is though, does it matter if it is only one of the individual’s fault? The quick answer is, no…otherwise provided by the law. But, there are many aspects to the divorce agreement that can be affected if a spouse provides evidence of wrongdoing.
Fault became irrelevant in 1972 when California adopted the “no-fault state” system when it comes to the termination of marriage. That made it so the reason why a spouse wants a divorce legally not pertinent to the case. So then can you do anything with evidence of fault and wrongdoing? Yes, you can.
Areas Affected by Fault
Just because fault and wrongdoing doesn’t affect divorce hearing itself, it does have an affect on areas incorporated with divorce:
Spousal Support
Proving the spouse is undeserving of payments due to infidelity, drug abuse, alcohol abuse, or more could allow you not to be required to support the spouse at fault.
Domestic Violence Prevention Act
Providing evidence of spousal abuse can grant you a much-needed temporary restraining orders and injunctions from the abuser.
Child Custody
Similar to spousal support, child custody can be heavily affected by evidence of wrongdoing. Substance abuse and unsuitable shelter plays a large role when determining the custody of a child.
Collect the Evidence
When submitting evidence of wrongdoing to a court, it is left to the judge to determine whether it will influence the case or not. This is why it is critical that the proof you collect needs to definitively prove the other spouse is clearly at fault. Examples of definitive proof depending on the wrongdoing are:
- Text messages
- Emails
- Phone logs
- Photos
- Videos
- Social Media
- Bills
- Bank statements
- And many more
Get the Support You Need
Here at the Family Law Offices of Michael L. Fell, our specialist Attorney Michelle L. Tran is an expert at handling divorce cases. If you believe your spouse is at fault for the divorce, call (949) 585-9055 to schedule a free consultation. Feel free to conveniently book one online as well. We provide compassionate and effective representation in ALL Family Law matters.
