In a dissolution of marriage (divorce) or legal separation proceeding, does the Court take into consideration the reasons for the separation?
No. California is what is known as a "no fault" State. Therefore, the underlying reason for the divorce, i.e., infidelity, domestic abuse, etc., is of no consequence regarding the desire to terminate the marriage. However, these factors are considered if they directly relate to some other issues. For example, if one parent has a relationship with another person, and that other person is of an unsavory character and is adversely affecting the children, the Court may consider that factor when addressing the custody and visitation issues. Likewise, if any domestic violence occurred during the marriage by one spouse against the other, and that abuse has affected the ability of the abused spouse to maintain gainful employment, the Court may consider this when addressing spousal support. Any circumstances you have will be addressed on an independent basis and analyzed by your legal counsel to determine if your position has any merit.

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