While most people know that California is a community property state–where any asset or income acquired during the marriage is deemed to be a part of the marital estate and separate property is anything that was acquired by either spouse either before the marriage or during the marriage as a gift–many still have questions about the grey areas in between, such as where a spouse’s 401(k) falls on that spectrum, for example.

California—like many other states—is a no-fault divorce state, meaning that when parties file for divorce, neither party has to prove fault; nor does fault have any bearing on the divorce itself.

However, if one party has been unfaithful during the marriage, there are still some contexts in which this behavior might have consequences on terms of the divorce, as discussed in more detail below.

When going through a separation or contemplating divorce, it is important to have an experienced divorce attorney guiding you through the process. Even in seemingly amicable and uncomplicated divorce proceedings, there are situations that need to be addressed which can impact your family’s well-being and financial security. Having a knowledgeable Orange County divorce attorney by your side can help ensure you are protected.  

When going through the breakup of a marriage, there are important decisions to make which can impact your current and future financial security. Having an experienced, professional divorce attorney on your side acting as a strong legal advocate is essential to protecting your rights and interests, as well as to ensure the best possible divorce settlement.

Going through the breakup of a marriage is always painful, but divorce can be particularly hard on the children involved. California divorce laws deal with issues regarding marital property division as well as custody. In these matters, it is important to work with the other parent so that the needs of children are put first, while also making sure that your own rights are protected.