Spouses preparing for divorce often want to make it clear that the end of the marriage was not their fault. They may go so far as to hire private investigators to find evidence of misconduct, such as adultery.
Doing so can help them feel confident about choosing to end the marriage. In some cases, people expect that the proof of fault they collected could result in a more favorable outcome during divorce proceedings. How much impact do fault and marital misconduct have on divorce terms?
California is a pure no-fault state
Some states allow spouses to file fault-based divorces if there is proof of qualifying grounds, such as adultery or abandonment. California was the first state to adopt a no-fault divorce law and remains a pure no-fault state.
The family courts do not hear fault-based divorce cases. They generally do not consider marital misconduct when making decisions regarding the distribution of marital property, alimony or the allocation of parenting time.
There are limited exceptions to this general rule. In cases involving substance abuse or domestic violence, proof of misconduct could influence what the courts view as appropriate for child custody arrangements. If there is evidence of intentional financial misconduct during the divorce, that could alter how the courts divide property or assign responsibility for debts.
For many people preparing for divorce, spending time and possibly money trying to gather proof of marital misconduct is typically an investment that does not yield any valuable returns. Discussing what led to a divorce filing with an experienced legal professional can help spouses determine if submitting proof of fault is worthwhile in their case.