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California Law - Do Courts Consider Fault In the Property Division? No. Evidence of misconduct is generally not allowed to be presented to the judge, absent one spouse's breach of fiduciary duty. (This applies to the entire case, not just the property division portion.) This means that no matter how badly your spouse has behaved, this will not affect the property division. This may seem unfair. However, there is a reason for it. The law is deliberately set up this way in order to make trials cheaper and shorter, to make it the case that it doesn't matter which judge you get, and to encourage the parties to focus on the future rather than the past. Section 2335.
Disclaimer: We are not giving legal advice. No warranties. We disclaim all legal liability. More... Click here to go to top California divorce law page. Click here for the California divorce legal table of contents. | |||||||||||||||||||||||||
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