People contemplating divorce often become their own private investigators. They start looking for documentation of actionable misconduct that can justify their decision to file for divorce.
People who discover that their spouses have cheated and those dealing with other forms of misconduct may want to gather evidence of their spouses’ bad behavior so that they can convince the courts that the divorce filing is the fault of the other party.
How much documentation is typically necessary for people pursuing a divorce in California?
California is a no-fault divorce state
No-fault divorces are technically the only option available in California. While some states allow for both no-fault and fault-based divorces, California only hears cases based on the breakdown of the marital relationship. Neither spouse ever needs to prove that there was specific misconduct by the other spouse to justify their decision to file.
However, some evidence could be helpful in cases where misconduct had financial consequences. If one spouse dissipated marital income by spending money or racking up debt while conducting an affair, their financial misconduct could influence how the courts ultimately divide property between the spouses. Evidence of domestic violence can also be valuable, especially in cases where people worry about the safety of their children or a demand for spousal support or alimony from their abuser.
Evidence of misconduct often has minimal bearing on divorce proceedings, but it can sometimes prove beneficial. Discussing the reason for a divorce with a family law attorney can help spouses determine if they are ready to file and what additional documentation they may require to secure a fair and favorable outcome.