Adultery and Divorce in California
California led the way in no-fault divorce laws, where a spouse can get a divorce without showing any fault of the other spouse. Nonetheless, showing fault may help one spouse win custody of the children, greater alimony, and a greater share of the marital property. This is why you need to discuss any potential areas of fault with your attorney, whether you wish to raise the issue or defend against it.
One traditional area of fault that could affect the outcome of a divorce case is adultery. The degree of importance placed on adultery varies from state to state, judge to judge, and from case to case. Some states tend to hold a more traditional view of marriage and give greater weight to adultery, while others place less importance on fidelity within the marriage.
In California, adultery does not necessarily amount to a game-changer unless the adulterous relationship irreparably affected certain aspects of the marriage. For instance, if a wandering husband used marital assets to support his mistress, then the wife may be able to win a greater share of the marital property. Likewise, if the husband openly cavorted with his mistress in front of the children, that fact may weigh substantially on the court’s award of custody and visitation to the wife.
Perhaps the most delicate subject in a case where adultery has occurred is a claim that an unfaithful spouse brought a sexually transmitted disease into the marriage. Such a claim can give the victim spouse a substantial advantage, but proving the issue in court may be more than the victim bargained for.
If adultery is likely to be a factor in your divorce case, seek the help of an experienced divorce lawyer as early as possible. A good attorney will help you build the foundation and strategy you need to raise or defend an adultery claim at trial, and achieve the best possible outcome for you.
The Law Offices of Judy L. Burger can assist you in proving or defending an adultery claim in your divorce proceedings in California. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the Sacramento and San Francisco Bay areas. If you are a spouse facing divorce, call us today to learn more about how we can help you. Call (916)631-1935 in the Sacramento area, or (415)293-8314 in the San Francisco Bay area, or contact us online via our confidential inquiry form.
Abandonment in Divorce Proceedings
In divorce proceedings, abandonment refers to when one spouse leaves the other without the intention of returning. Prior to the enactment of “no-fault” divorce laws, spouses could allege abandonment as a ground for seeking a divorce. Although proving fault is no longer required to get a divorce in California, abandonment may be factored in by a judge when awarding child custody, alimony, and deciding how marital property will be divided.
If your spouse abandoned you or the children, you should be prepared to present evidence of the fact of the abandonment and the effects it had on you and the children. You may have suffered financially and emotionally. Depending on their ages, the children’s anguish may have manifested in changes in behavior and performance at home or school. Any evidence of the negative impact of abandonment should be discussed with your attorney and prepared for presentation at trial, if necessary.
When you allege abandonment, your spouse may raise a defense of consent or justification. A deserting spouse can mitigate or eliminate any finding of fault on his part if he can show you consented to the abandonment. One example of this would be if you asked your spouse to leave and never return.
Likewise, a spouse may be able to show that the abandonment was justified due to abuse or another reason, such as the supposed abandonment was actually due to the spouse moving to take a new job while the other spouse refused to move. Under these circumstances, it is unlikely the court would attach any fault to the abandonment.
The Law Offices of Judy L. Burger can assist you in proving or defending an abandonment situation in your divorce proceedings in California. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the Sacramento and San Francisco Bay areas. If you are a spouse facing divorce, call us today to learn more about how we can help you. Call (916)631-1935 in the Sacramento area, or (415)293-8314 in the San Francisco Bay area, or contact us online via our confidential inquiry form.
We recently discussed California’s requirement for parents to develop a parenting plan, also known as a “custody and visitation agreement” or a “time-share plan,” which is essentially a written agreement between parents detailing how much time the children will spend with each parent and a plan for making important decisions in the future about the child’s welfare and education.Many of the factors in a parenting plan will be obvious, others less so. In this article we will draw your attention to some of the less than obvious factors to consider when developing your ideal parenting plan. Some of these items may be extremely important to your family:
Whether there will be regular visitation with grandparents or other extended family members, and if so, how often;
Sleeping arrangements for children and parents, including the children’s or parents’ overnight guests;
Instructions for administering medication;
Dietary requirements or restrictions;
Preferred methods of discipline;
Acceptable methods and frequency of parent-child communication while the children are with the other parent;
Parent-to-parent communication guidelines;
Whether the children need both parents’ consent for piercings or body art;
Responsibility for routine vaccinations, dental care, and medical care;
Acceptable use of technology, including internet, social media, and cell phones;
Curfews for each child and anticipated exceptions, if any;
Acceptable ratings and genre for movies the children may watch;
Acceptable ratings and genre for video games the children may use;
Which extra-curricular/school/sporting events the children will participate in;
Participation in church/synagogue/mosque activities.
These factors may be beyond the usual set of essentials suggested for your parenting plan, but depending on your family dynamics, could be troublesome if not decided ahead of time. The Law Offices of Judy L. Burger can assist you in fighting for your rights and those of your children in a visitation or custody dispute in California. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the Sacramento and San Francisco Bay areas. If you are a parent with a visitation or custody issue, call us today to learn more about how we can help. Call (916)631-1935 in the Sacramento area, or (415)293-8314 in the San Francisco Bay area, or contact us online via our confidential inquiry form.
We recently discussed California’s requirement for parents to develop a parenting plan, also known as a “custody and visitation agreement” or a “time-share plan,” which is essentially a written agreement between parents detailing how much time the children will spend with each parent and a plan for making important decisions in the future about the child’s welfare and education.
Many of the factors in a parenting plan will be obvious, others less so. In this article we will draw your attention to some of the less than obvious factors to consider when developing your ideal parenting plan. Some of these items may be extremely important to your family: