Is No Fault Being Eroded In California?

By definition California is a "No Fault" state.  In general terms it is presumed that reprehensible conduct by either party to the marriage is irrelevant to judicial decision making in the divorce case.  However more and more statutes are being enacted that compel courts to make certain decisions, and the case law interpreting those statutes does seem to be expanding the strength of those statutes.

A domestic violence conviction has long been held as creating a presumption against joint parenting.  I would call that a consideration of fault.  By statue domestic violence creates a presumption that the abusive spouse should not receive spousal support.   I would call that a consideration of fault.  Now there is a case that holds that a spouse who is the victim of abuse can receive discretionary spousal support to compensate for the emotional distress brought on by the abuse.  I would call that a consideration of fault.

In Re the Marriage of MacManus (2010) G041248 holds that under Family Code Section 4320(i), read in conjunction with Family Code Section 3600, the trial court has the discretion to award temporary spousal support to a spouse who is the victim of domestic violence based on financial need and as consideration for emotional distress resulting from the domestic violence.

Please click here for the original opinion.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

Comments

[An Abused Wife]

I believe this is a bad thing. There are no rules for these restraining orders, people are making all kinds of false accusations after the divorce is filed and there is no requirement to prove the allegations prior to the judge taking them into consideration regarding spousal support. Restraining orders are good, but too easy to get.

[Harsh]

Yes, this erosion is bad thing and courts are not at all zeroing on helping the spouse.

Generally its the spouse who suffer the ultimate.

[Tractor Trailer Injury Guys]

Do you believe that this kind of erosion is a bad thing, or do you find that courts are zeroing in on helping the spouse who is victimized?

Divorce law can be complex because of the high level of emotions, so I am interested in hearing if this type of momentum is for the benefit of individuals going through divorce.