Family Law

Sacramento Family Law Attorney Discusses No-Fault Divorce

By Scott Sagaria

Sacramento Family Law Attorney Discusses No-Fault Divorce

People get divorced for many different reasons. A prevalent reason is infidelity. Many people decide to get divorced because their wife or husband has cheated on them. Once the cheated on spouse finds out about the infidelity, divorce most likely ensues. I then becomes a battle between spouses and usually the cheated on spouse feels some sort of entitlement for punishing the cheating spouse by taking all the community assets. However, California has what is called a no-fault divorce. This means a married person may terminate the marriage even if the other person disagrees. California no-fault divorce acknowledges that both husband and wife have contributed in some way to the marriage's breakdown, so one party is no longer "punished" financially or otherwise for being solely to blame for the marriage's failure.

One advantage of California no-fault divorce is that parties don't have to waste time and money to prove grounds. It reduces the need to litigate for about grounds and allows couples to move on to important issues, such as custody, child support, maintenance and distribution of marital assets. Fault does not enter into settling 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 and off public assistance.

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 and off public assistance.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

Full post as published by California Family Law Blog on April 23, 2009 (boomark / email).