No Reason or Permission Required to Get Divorced
The biggest difference between fault divorce laws and no-fault laws is that the spouse wishing to get divorced does not need a particular reason to file. No proof of wrongdoing by the other spouse is necessary. The only required legal ground for divorce is “irreconcilable differences.”
Neither spouse needs the other party’s permission to get divorced, either. If your spouse refuses to sign the divorce papers, your divorce can still proceed with a default divorce judgment. This is where a judge signs off on your proposed terms without requiring any further negotiations or a divorce trial.
Property Division Is Not Affected By Fault
California is unique in that it uses a community property division law, not equitable division. This means the San Diego County courts view married couples as their own two-person communities, where both spouses are equally entitled to half of all marital property in a divorce.
Fault for a divorce will not play a role in property division decisions in San Diego. One spouse’s misconduct will not determine who gets what. The courts will divide all jointly owned property and debts 50/50 if the case goes to trial.
However, there is an exception if a spouse wasted or hid assets during the marriage or divorce case. If one spouse used marital funds to purchase expensive gifts during an affair, for example, this financial misconduct could impact property division.
Spousal Support Is Impacted if Another Party Is Involved
Spousal support or alimony decisions are typically based on the couple’s financial situation and needs after the divorce. The purpose of spousal maintenance is to maintain the standard of living enjoyed by both parties during the marriage. It is not a punishment against one party.
If your spouse moves in with someone else while your divorce is still pending, however, this could affect alimony decisions. If your spouse becomes financially dependent on a cohabitant, he or she may not be able to prove enough financial need to qualify for spousal support. Contact our alimony attorneys in San Diego for assistance.
Child Custody Can Be Impacted By Misconduct
Proof that a spouse is guilty of some type of misconduct could impact a child custody decision in San Diego. Judges make child custody determinations based on what is in the child’s best interests. If one parent is engaging in certain behaviors or activities that could potentially threaten a child’s health, safety or well-being, that parent may be denied custody or visitation.
It is important to provide evidence of abuse, child neglect, domestic violence, substance abuse, criminal activity or a new relationship that could put your child at risk during a custody case in San Diego. You can also ask the courts for a psychiatric evaluation of your spouse to determine parental fitness.
Discuss Your Divorce Strategy With an Attorney
California may be a no-fault divorce state, but a fault-based strategy may serve your needs, depending on the situation. Discuss your unique San Diego divorce case with a San Diego family lawyer at Boyd Law for more information and legal advice. Our attorneys can protect your rights, family and future with high-quality legal representation during your divorce or legal separation.
