Does Fault Count?

Married couples that wish to file to divorce in the state of California may be pleased to find that California does not require fault as a basis to grant divorce. Individuals who have been wronged in their marriages, though, may wonder if fault can work their favor at all. The answer to that question varies depending on a number of factors.

To find out how fault may apply to your specific case, contact the San Jose divorce lawyers of The Law Office of Daniel Jensen, P.C. at 408-296-4100 and speak with one of our experienced family law attorneys.

Using Fault in Divorce

In most cases, fault usually only applies when negotiating the terms of a divorce settlement. More specifically, fault applies when the divorce settlement is arbitrated by a divorce court. If two spouses decide to come to terms without the help of a court, then the at-fault spouse must agree to give the other spouse a more favorable settlement.

Typically, a more favorable settlement includes a greater share of the couple’s joint property in addition to child custody. It is important to note that in order to apply fault to a case being arbitrated in court, the individual who accuses his or her spouse of fault has the burden of proving that fault actually occurred.

Contact Us

If you have proof of fault and would like to learn how to apply it to your divorce case, contact the San Jose divorce attorneys of The Law Office of Daniel Jensen, P.C. at 408-296-4100.