Divorce in no-fault states
Proving fault in divorce can be tricky.
In a no-fault state like California, a person could decide to divorce his or her spouse even without stating the wrongdoing done by the spouse. The person filing for divorce does not have the burden of having to prove in court that the spouse had been unfaithful.
However, if your spouse’s unfaithful behavior has proven to be detrimental to your children’s health and welfare, the court will take into consideration the degree of your spouse’s infidelity, and will make judgment calls on certain family issues such as child custody, visitation rights, or alimony based on evidence presented.
With these factors in mind, it is important to be aware of your state’s laws when filing for divorce. Our knowledgeable attorneys at the Law Office of Daniel Jensen, P.C. in San Jose are dedicated to ensuring the smooth, relatively painless divorce of their clients. If you are considering divorce, please call (408) 296-4100 to speak confidentially with an experienced attorney today.