Adultery, insanity, collusion, cruelty, abandonment: In California, most of these circumstances relate more to the plot of a soap opera than to a divorce. While any one of these could have actually motivated the divorce, a California judgment of dissolution (divorce) will be based only on either irreconcilable differences or (less likely) incurable insanity. That’s because since 1970, California was the first state to implement the no-fault divorce. Since then, many other states have followed suit, while others allow both fault and no fault divorces. With a no fault divorce, the court can terminate the marriage without proving fault. Compare this to a fault based divorce, where the termination will be granted only if you give and prove grounds for divorce within those reasons allowed by state law, or defend against these claims if you’re responding to a spouse’s petition for the divorce. In a fault based divorce, the conduct of the spouse who’s found to be “at fault” may even be considered when deciding issues such as property division. As of now, New York is the last state in the nation that doesn’t have a no fault ground for divorce. (more…)
Archive for the ‘Domestic Partnerships’ Category
Who’s to Blame in a Divorce, and Does it Matter Under California Divorce Law?
Friday, January 8th, 2010
The Truth About Common Law Marriage & “Palimony” in California
Friday, January 8th, 2010It may surprise you to know that there is no such thing in California as common law marriage, or to be more accurate, a common law marriage can never be created in California. It’s widely believed that if a couple lives together for many years and holds themselves out to the world as a married couple, then the couple will be considered to be legally married. While this can be possible according to the laws of a few states, California abolished common law marriages over a hundred years ago. California will, however, recognize common law marriages that were created in states which do recognize them. (more…)
It’s Not Too Late: The Postnuptial (or Marital) Agreement in California
Thursday, December 10th, 2009The postnup hasn’t been in the spotlight nearly as much as its well known counterpart-the prenuptial agreement-but both agreements carry many of the same goals for California couples. A postnup is a financial agreement created after getting married, as opposed to a prenuptial or premarital agreement that can only be entered into prior to exchanging vows. A postnup, also called a marital agreement, is used to plan how the property you and your spouse own together or separately will be divided and distributed if there’s a separation, divorce, or death. For some, a marital agreement can be created to address financial issues that are troubling a marriage. On this point, a CNN article by Robert DiGiacomo, “Quit Fighting – Get a Postnuptial Agreement,” relates the story of a couple that had been married for 30 years but often fought over money. They decided to get a postnuptial agreement, and although it didn’t solve all their problems, the two were able to ease tensions and “breathe easier” once they got a marital agreement. While there’s no assurance that a marital agreement will help break an impasse for other marriages, for some, a postnup allows the couple to work on other issues once financial questions are resolved. (more…)
Battle is Waged on Two Fronts Now That California’s Proposition 8 is Upheld
Friday, June 12th, 2009Even though the California Supreme Court reached its decision to uphold the same-sex marriage ban, both Proposition 8 supporters and opponents still have a lot of work ahead of them. The Los Angeles Times reports that fund raising efforts have begun on both sides, as the possibility of voter re-amendment of the constitution in 2010 to restore gay marriage is being planned. Strangely enough, the two rival lawyers in the Bush v. Gore case are now working together and have set the stage for a federal challenge to Proposition 8, as discussed in the San Diego Union Tribune. (more…)
