California is a “no fault” divorce state which means the court doesn’t consider “fault” when dividing property or when determining an appropriate amount of spousal support. An innocent spouse may think it is only fair that s/he be granted more money or more property because s/he was faithful to the marriage and was not the instigator of the divorce. The court will not consider an affair though when determining financial matters.
The court will consider the parties’ marital standard of living, the parties’ monthly living expenses, the parties’ opportunity for earning an income and the parties’ actual income. Whether a person had an affair or was faithful to the marriage is not a relevant factor in the court’s calculations.
Getting Legal Help
Experienced Sacramento Family Law Attorney Hal Bartholomew can help you understand your rights in a divorce. Bartholomew & Wasnicky will guide you through the process with respect and knowledge so you can focus on moving forward. Contact us today at 916-546-4393.