"No-Fault" means in divorce...
divorce (family law) some states are “fault” states, and
others are “no-fault”. The easiest explanation of this
is that in “no-fault” (which is California), outside
events and situations such as marital infidelity do not
affect the way the courts look at divorce settlements.
Either party can do various non-injurious things and it
cannot be made part of the divorce records.
describes that fault is not placed on either party for
you should be aware that domestic violence constitutes a
“fault” in California with significant consequences.
These consequences include a presumption the
perpetrator of domestic violence should not have primary
custody of children. Domestic
violence is also a consideration for the court when
calculating spousal support.
The perpetrator could be ordered to pay more support
to the victim of domestic violence.
discussion of “no-fault” does not address actions by one
party that hurt the finances of the other or the community.
A party can be at fault for stealing or wasting
community money. In
this discussion we are addressing acts like affairs that
lead to the breakdown of a marriage; acts that carry
significant emotional weight in a divorce case.
Ratzer Family Law we counsel our clients to control their
emotions in their case.
Unchecked emotions cause litigants to take
unreasonable positions in their case.
Because California is a “no-fault” divorce state,
the Judge hearing your case will not appreciate positions
predicated on what the other party/parent “did” to cause
the divorce. Most
Judges in San Diego County are handling 5,000+ active cases
and another 10,000+ inactive cases.
They are busy trying to manage the real issues in a
case and do not have time to hear about the affair that
caused the breakdown of a marriage.
out James Ratzer's profile
page on the State Bar of California (CALBAR), and his
law, divorce, attorney, lawyer, san diego, county,
spousal support, alimony, child support, mediation,