Generally, the State of California implements the “no fault” policy in marriage dissolution cases. The reason for this may be that divorce could already be emotionally and psychologically burdensome to those involved, that’s why courts do not litigate matters involving emotions, like spousal infidelity for example.

But getting involved with another could hurt the financial outcome of the divorce for the spouse asking for support, because this other person may provide for her. The court may find that these benefits provided, such as living expenses and living situation, could prove that she is in the same position as she was during the marriage, which could lower her spouses spousal support obligation; it is within the court’s discretion to determine whatever is “just and equitable” for all those concerned [California Family Code §§ 4320, 4330(a)].

In a petition for dissolution, it is enough that “[i]rreconcilable differences, which have caused the

irremediable breakdown of the marriage” be pleaded generally [California Family Code 2310 (a)]. Allegations of misconduct, such as infidelity, are “improper and inadmissible” [Fam. C. 2335]. Therefore, technically “fault” or “innocence” usually does not determine spousal support or division of properties between spouses, but it is for the courts to determine the amount if and when support will be awarded.

Working with an experienced divorce and family law attorney could ensure proper claims and
recovery in a divorce proceeding.

Contract law is a powerful force. It permeates throughout all law. Courts will not interfere with contract law unless the contract was due to 1) mutual mistake 2) there is no consideration 3) no legal capacity 4) no requisite capacity 5) violates public policy or laws in the state 6) contracts for an illegal act. Read the rest of this entry »

Roseville, CA — Missouri 2nd District Congressman Todd Akin ended up in a hornet’s nest after he gave his comments on abortion during a news program. Read the rest of this entry »

Read the rest of this entry »

Roseville, CA — In an effort to make international man of income tax mystery, Mitt Romney, to divulge more about the taxes he has paid for the past 5 years the Obama camp tried to bait the Republican candidate by proposing that the Democratic camp will avoid criticizing the GOP’s transparency issues. Unfortunately, the fish didn’t bite. Read the rest of this entry »

San Jose, CA — Democratic Party Vice Presidential candidate and incumbent Vice President of the United States, Joe Biden had gotten himself into hot water when he made a remark against the Romney-Ryan ticket’s plan of getting rid of the Dodd-Frank Wall Street Reform and Consumer Protection Act A.K.A. Wall Street Regulations Act. According to the VP, the GOP’s move would put the people “back in chains.” But fret not, Obama comes to the rescue of his running mate by defending him. Read the rest of this entry »

Roseville, CA — Never has the words “demagogue” and “demagoguery” ever been so overused during an election season like the 2012 U.S. Presidential elections. And unfortunately for GOP Vice Presidential candidate Paul Ryan, these words have been associated to him like toothpaste to a toothbrush. Is there a basis to accuse him of being a rabble-rouser or is this a plot of the Obama campaign to demonize and discredit his proposed platforms? Read the rest of this entry »

Fresno, CA — There really must be something about a bad economy and men suddenly going berserk and starts shooting at other people. First, there was the Colorado shooter James Holmes; then in GOP Vice Presidential candidate Paul Ryan’s native Wisconsin, there was the Sikh temple shooter Wade Michael Page; and now another shooter in College Station, Texas. It’s becoming a trend. Read the rest of this entry »

San Jose, CA — After going through names such as Condoleezza Rice, Bobby Jindal, David Petraeus, Susana Martinez, Sarah Palin, and Mike Huckabee as potential running mates for his presidential bid, Mitt Romney picks Wisconsin First Congressional District Representative Paul Ryan as his election partner for the November polls. Read the rest of this entry »

San Francisco, CA — After the fire that grazed through its refinery plant in Richmond, Chevron is now being inundated by personal injury claims from residents who were forced to seek medical assistance in the aftermath of the disaster. Read the rest of this entry »