When Is Fault Considered In A Divorce Or Legal Separation In San Diego Superior Court In 2014?

In a family law case, such as a divorce or legal separation, the term “no fault” is often used. What exactly, however, does this mean in your case? The law permits only two grounds for divorces: irreconcilable differences and incurable insanity. While many believe their spouse is “crazy”, incurable insanity is a medical diagnosis. For many, infidelity indicates fault or other conduct such as alcoholism, drug addition, gambling addiction and others. While this may be the reason for your divorce [or there may be another reason or reasons], the law does not permit a different division of the assets and debts than if there was no fault at all in these factual situations. This is very hard for many spouses and parents to understand. After all, when one is married in California, there is a marriage license and both parties are to be “fiduciaries” to each other and stay together “in sickness and in health and for richer or poorer” however this is not often the case. Many divorce or legally separate due to health issues or monetary issues or other issues. Under the law for San Diego Superior Court, specific acts of misconduct are inadmissable and improper in a divorce or legal separation case unless expressly provided for by statute. There are several and some are listed below. These do not mean, however, that there is a “defense” to a divorce and a party who seeks a divorce will obtain this under California law.

How could fault or conduct be considered when we are a no fault state? Under San Diego law, there are many instances when this would be a factor. For example, if a spouse is convicted of domestic violence, this can have effects on several family law issues. First, a conviction of domestic violence, if the spouse would be entitled to spousal support, there is a rebuttable presumption that a perpetrator of domestic violence should not be awarded spousal support. Second, custody and visitation orders would also be affected if one parent was convicted of domestic violence. There are family law code sections which would permit supervised visitation orders under these circumstances. In addition, fault can be considered in division of assets and debts as well. Many may remember the “lottery case” where a wife won the lottery and then divorced her husband but did not tell him or disclose the lottery asset in the divorce. The husband found out after the divorce and went back to court and the Judge awarded him 100% of the lottery winnings and the wife 0% due to her conduct of not disclosing. In addition, a breach of fiduciary duty may also be used for a non equal division of the assets. As such, it is very important to know what fault or conduct is admissible and relevant in a divorce or legal separation case and which is not.

Doppelt and Forney, APLC is a law firm with experience with legal separation and divorce and family law cases in San Diego County. An experienced attorney will offer you a virtual consultation at no charge up to 30 minutes and can discuss the individual facts and circumstances of your case.