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There Is No Punishment for Infidelity in California Dissolutions

People get divorced for many different reasons. A prevalent reason is infidelity. Many people decide to get divorced because their spouse has cheated on them. Once the cheated on spouse finds out about the infidelity, divorce often ensues. It then becomes a battle between spouses and usually the cheated on spouse want to punish the cheating spouse by taking all the community assets. He or she may feel that they are owed something and should be compensated for their pain and suffering.

However, California is a "no-fault" state. This means either spouse may initiate and receive a divorce even if the other person disagrees. California acknowledges that both spouses have contributed in some way to the marriage's breakdown, so one party is no longer "punished" financially or otherwise for the marriage's failure.

Advantages of a No-Fault Divorce

One advantage of living in a no-fault state is that the court and the parties don't have to waste time and money working to prove fault. It reduces the need to litigate and allows couples to move on to important issues, such as:

Additionally, fault does not enter into property division or support. California is a community property state, which means that all assets and liabilities the parties earn or acquire during the marriage are presumed to be shared and must be divided equally unless the parties agree otherwise. So, rather than looking for which party has the biggest list of complaints against the other, the California Family Courts now try to create an equitable agreement based on what each spouse will need to be financially independent.

This is where I can help. As a divorce attorney, I understand the dissolution process intimately. I can use this knowledge to help you divide property fairly, build a support plan that meets your needs, and obtain a favorable custody ruling. Learn more about how I can assist you during this difficult time by calling my firm at (909) 474-7944.

Categories: Divorce, Family Law
The Law Office of Stephanie J. Squires & Associates, APLC 909-907-8783

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