If you were looking for a family law lawyer in Alameda County, CA, you may have questions about whether California is still a no-fault divorce state or not. The answer is both yes and no. When asking if California is a no-fault divorce State, oftentimes people are going to answer yes. The reasoning behind this is that a spouse may divorce another spouse based on irreconcilable differences. A spouse does not need to give a reason as to why they want to get divorced.
But if you limit the definition of fault to the reason for the divorce, California is a no-fault state. Delving further into California’s law evolution of divorces, you will learn the notion of fault may affect divorcing spouses, especially if there is a history of domestic violence. You can further learn more about California’s laws surrounding divorce from a family law lawyer in Alameda County, CA. Your lawyer is going to be able to tell you a lot about your divorce proceedings, and how they may go down.
Domestic violence used to be about protecting the victim and children of the marriage to a restraining order, however California law evolved to make perpetration of domestic violence no matter the circumstances, eye doctor on financial issues. This means domestic violence records can affect spousal support, lawyer fees, and a division of the spouse’s retirement funds.
The fault-based analysis for domestic violence started to make domestic violence a factor when determining how long a spouse may receive spousal support. So if a wife was a domestic violence victim, the husband’s perpetration of domestic violence, aka the husband’s fault, was a factor the court could take into consideration when determining the amount for the duration of spousal support.
Your family law lawyer in Alameda County, CA, such as the ones available at AttorneyBernie.Com, is going to be able to provide you with more information about various parts of divorce. From lawyer fees, to retainer fees, to the court legal proceedings that you may have to go through. They’re going to be able to defend you and help you settle to the best of their ability.
You should also ask your lawyer about alimony in California. Alimony is when you have been divorced and some money in the relationship made a lot more than the other and that person needs time to collect their finances and find a better job or lower cost-of-living. Therefore, one divorce is ordered by the judge to pay money to their ex-spouse each month. However, you might have questions such as does cohabitation have an effect on alimony in California? Your family law lawyer in Alameda County is going to be able to give you answers.