In California, all divorces are no-fault divorces. No-fault grounds for divorce still affect your divorce in various ways:
Because it does not matter what the reason for your divorce is, you do not have to prove anything. For example, if your spouse committed adultery and that’s why you fought and are now divorcing, you do not have to prove adultery before a judge and your spouse does not have to deny the allegation before a judge. No-fault makes divorcing a little more efficient.
Because fault is not considered before a judge orders the dissolution of a marriage, it is also not considered when determining spousal support (also known as alimony). Factors the court may weigh for spousal support is each party’s ability to support themselves, support their minor children, and the impact caring for children has on the primary custodial parent’s ability to work.
Sometimes, fault is considered when the reasons can have a detrimental impact on or poses a security risk to a child. For example, if the at-fault spouse was abusive or is addicted to drugs or alcohol, the court may deem it in the best interests of the child to grant sole custody to the other parent.
Fault, when it impacts child custody, may also impact child support. When one parent has primary physical custody of a child, the other parent may be ordered to pay support.
In the above ways, fault can play an important role in many aspects of your divorce, it just isn’t required for you to attain a divorce in Ventura, California. To learn more about how to prepare for a divorce in Ventura, contact Jeffrey L. Hoffer today.