Can marital misconduct influence the outcome of a divorce?
People are often unsure about what happens during a California divorce. Some unhappy spouses may worry that they don’t have grounds to file for divorce or enough evidence to convince the courts of their spouses’ misconduct. Thankfully, people don’t actually have to prove fault to qualify for divorce in California.
As a no-fault divorce state, California does not require that either spouse establish grounds for divorce. They only have to claim that there has been a permanent and irrevocable breakdown of the marital relationship. That being said, there could well be a history of significant misconduct within the marital relationship.
Can proof of misconduct influence the outcome of divorce proceedings in California?
Fault rarely affects court decisions
Many people preparing for divorce fantasize about receiving vindication from the family courts. They want a judge to acknowledge that their spouse caused the damage to the relationship, possibly by penalizing them when setting terms for the divorce. Unfortunately, those expectations are unrealistic based on California statutes.
No-fault divorce doesn’t just protect people from scenarios where they remain trapped in the marriage due to lack of evidence. It also prevents the courts from considering most forms of marital misconduct when making decisions about parental rights, financial support and property division.
Even when there is clear proof of abuse or infidelity, judges in California typically cannot consider that bad behavior when making divorce determinations. There are a few exceptions to that basic rule. All custody decisions should prioritize the best interests of the children. A judge may limit the parenting time of a spouse who has a history of abusive behavior in front of or against the children.
In scenarios where there have been specific types of financial misconduct, the courts may consider bad behavior when making financial determinations. If one spouse has proof that the other wasted or dissipated marital property, possibly by spending thousands of dollars on an affair, that can influence property division decisions. The California family courts can also penalize spouses who attempt to hide property from the courts and their spouses during the divorce process.
Instead of looking to the family courts as a potential source of personal justice, spouses preparing for divorce often need to focus instead on living their best lives after their divorce. Fighting for unrealistic terms can waste time, money and energy. Those who are pragmatic in their approach to divorce can move on more effectively and secure revenge through a life well lived after their divorces.
