Deal & Hooks, LLC | Shawn P. Hooks
Ohio is a "No Fault State" which means that the party is not typically punished in a divorce for causing the divorce. The Court will determine issues of custody based on the best interest of the child. If the reasons that your spouse was at fault would tend to make it less likely that it is in the child's best interest for him to have custody than this would have some bearing. Likewise, a court will order an equitable split of the marital assets. This is usually an even split, but can be altered in some cases. If, for example, your spouse was using marital property to give gifts to a mistress, this would be reason to alter the split of the marital assets.
Answer Applies to: Ohio
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
Florida is a No-Fault State. Therefore, it essentially doesn't matter who is at fault as the reason for getting divorced. Florida is an equitable distribution State, which means any and all assets and liabilities acquired or incurred during the marriage are subject to "fair" distribution, regardless of whose name they are in. "Fair" typically means 50/50, unless there are special circumstances. As for custody of the children, Florida technically no longer has "custody". It is a "Shared Parenting" State, which means the parents share parental responsibility and time with the children based on what arrangement is in the "Best Interest of the Children". What constitutes the "best interest" of the children is based on multiple factors, one of which is the character of each of the parents. However, this is only one factor of about twenty-two. Therefore, it can have a minimal impact, depending on how substantial the alleged misconduct is. My office offers free initial telephone consultations if you would like to discuss this matter in more detail, as well as explore the potential rights and options available. If you would like to coordinate a free initial telephone consultation, please contact my office.
Answer Applies to: Florida
Law Office of John C. Volz | John C. Volz
California is a no fault state. California is also a community property state. What that means is that regardless of who's fault it is, the property will be divided equally. In regards to custody, the courts will look to the best interests of the children to determine custody and visitation.
Answer Applies to: California
Law Office of Karen A. Clark, L.L.C. | Karen A. Clark
Washington is a no-fault dissolution state. In general, both parents have a right to have a relationship with minor children, and the parties are encouraged to try to work our reasonable custody and visitation arrangements. With some limited exceptions, assets acquired during the course of a marriage are considered community property. I suggest that you discuss your situation with an attorney and possibly a financial divorce specialist.
Answer Applies to: Washington
Glenn E. Tanner | Glenn E. Tanner
In Washington fault does not matter at all unless it effects his parenting, wasted an asset, effects your ability to support yourself, or was a severe mismanagement of an asset that causes there to be less assets now. Washington is a "no fault" state.
Answer Applies to: Washington
Law Office of Robert L. Fiedler | Robert L Fiedler
Fault, while it does play a role, depending on the type of fault and quality of the proof, can play no role or as much as causing the children to be taken away and you getting a larger piece of the assets. You shouldn't expect a windfall from this, typically, judges don't go much beyond a 60/40 split.
Answer Applies to: Connecticut
Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
In New York, fault does not usually play a role in the division of assets (called equitable distribution) or custody of the children except in certain extreme cases. These include (1) spousal abuse/domestic violence, (2) wasteful dissipation of marital assets (such as gambling addicts) and (3) drug or alcohol addiction. All because your spouse may have been a lousy husband may not have an impact on your ability to claim most of the marital assets. As for custody of your children, you would need to prove that having you as custodial parent is in the best interests of your children. Depending on the cause involved, this may or may not have an impact.
Answer Applies to: New York
Law Offices of John J. Ferry, Jr. | John J. Ferry, Jr.
It depends on the jurisdiction. In Pennsylvania, one spouse's "fault" is * not* a factor in determining equitable distribution of the marital assets. Fault may be relevant with regard to a claim for spousal support or alimony. The nature of the fault may also be relevant evidence in a custody hearing. Don't think of it as though you automatically "win" just because you can show that your spouse was at fault.
Answer Applies to: Pennsylvania
Ashman Law Office | Glen Edward Ashman
Fault rarely matters in divorce, and, when it does, usually other things matter more. Ability to parent and financial resources matter more. Bear in mind that without a lawyer you will likely do very badly, so be sure to get a lawyer.
Answer Applies to: Georgia
Michael Apicella | Apicella Law and Mediation
California is a "no fault" divorce state. I.e., with few exceptions regarding custody, most reasons why the marriage dissolved is irrelevant. If your spouse acted in a way that caused you to divorce him/her, and that spouse is still acting in the same manner that would be detrimental to the children, then such conduct can affect custody. But as said, it has nothing to do with support, division of assets/debts, etc.
Answer Applies to: California
Kaczmarek Law Firm, LLC | Bridgette D. Kaczmarek
Unfortunately, nothing. The courts in Colorado do not give consideration to a party's fault in divorce. The state exchanged that provision for the "best interest standard" when determining what is best for children. While I believe infidelity goes to credibility, the courts in this state do not share my opinion. So while his infidelity is morally incorrect, the court will not give any consideration to a spouse's affair.
Answer Applies to: Colorado