How does misconduct by either spouse affect the final judgment of the court?
Because California is considered a “no-fault” divorce state, misconduct by either spouse typically does not come into play. Specifically in the division of property, bad acts such as infidelity, etc., usually have little or no bearing on the outcome of the case However, in some circumstances, certain actions of the parties are relevant. For example, under California law, when making a custody determination, the court must consider whether there is evidence of domestic violence. Also, a determination of whether one party will be awarded spousal support may hinge on the issue of a domestic violence conviction, or other bad acts. California law also provides that in making a property award, the court may consider misappropriation of an asset by one party to the detriment of the other.
