May 24, 2020

Can I Sue For Fault In Divorce?

If you are getting a divorce in California, and you feel that your spouse is at fault, you might be asking yourself or wondering, “Can I sue for fault in a divorce?” in order to understand how you should proceed. The short answer to that question is “no”, but depending on your situation, it could be a bit more complicated than just that simple no. Under certain circumstances, you may be able to ask for spousal support, or you may be able to file a civil case concerning the cost of abuse if certain types of abuse are part of the marriage.

No-Fault Divorce

California is a no-fault divorce state, which means that neither partner has to have done anything wrong in order for either of you to petition the court for a divorce. In some states, not being able to get along isn’t enough of a reason to file for divorce, but California has simplified the process by allowing for irreconcilable differences and legitimate claims of insanity as grounds for divorce. Irreconcilable differences often include and leave room for essentially any reason for a divorce whether someone else has caused the marriage to end or is somehow to blame for the divorce.

Spousal Support in California

Spousal support isn’t based on who is at fault, but who was the main breadwinner in the home. At the same time, the court leaves some room for discretion so that the court can designate the terms of support including the length of time and the amount to be paid. Spousal support in California is normally allotted for half the time that the couple was married without separation. That means if you were married for nine years, but separated for six of those nine years, you may only get spousal support for a year and a half. Conversely, if you were married for 10 years or more without separation, the court doesn’t have to set an end date for the support. The Law Office of Laurence J. Brock can help you determine whether you are obligated to pay or are entitled to spousal support.

Instances for Suing for Fault

In some cases, people ask, “Can I sue for fault in divorce?” simply because they feel they deserve some kind of damages for infidelity and other actions that led to the end of the marriage, loss of funds, or even contraction of a sexually transmitted disease. In such cases, you may be able to sue in a civil court outside of the divorce and separate from the divorce proceedings. These types of situations fall under a battery classification and are dealt with as different legal matters than the divorce itself.

Although California is a no-fault divorce state, there are situations in which you might qualify, but you need to consult with an experienced divorce lawyer to be sure. If you are considering a divorce or are even in the middle of one, contact Laurence J. Brock online or call (909) 466-7661 for an initial consultation.

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