• Facebook
  • Youtube
  • Linkedin
Call Us At: (408) 553-0801
Lonich Patton Ehrlich Policastri
  • Home
  • About
    • Why LPEP
    • Our Attorneys
  • Practice Areas
    • Family Law
    • Estate Planning
  • FAQ
    • Estate Planning FAQ
    • Family Law FAQ
  • Blog
  • Pay Now
  • Resources
    • Family Law Resources
    • Estate Planning Resources
  • Contact Us
    • Careers
  • Get a Free Consultation
  • Menu
Gina Policastri

Who Dunnit: Playing the Blame Game in a Divorce

July 30, 2018/0 Comments/in Family Law /by Gina Policastri

Obtaining a divorce can be time consuming and expensive, especially when one spouse blames the other for the marriage’s end. Will the court take into consideration who behaved badly or caused the divorce? Although courts in England will be concerned with who is at “fault” before granting a divorce, California courts will not take “fault” into consideration.

In California, a couple may obtain a “no-fault” divorce – neither spouse must prove the other is at fault for the marriage’s breakdown. In the 1800s, however, England only allowed divorces where one spouse could prove the other was at “fault.” This rule remains in effect today, in part.

In England, courts will grant a divorce only if the party seeking the divorce can prove the marriage has irretrievably broken down by establishing one of the five following facts: (a) adultery, (b) unreasonable behavior, (c) desertion, (d) two years of separation with consent, or (e) five years of separation with or without consent. While the last two grounds for divorce do not require one spouse to prove that the other spouse was at fault, proving adultery and “unreasonable behavior” often requires spouses to play the blame game.

On July 25, 2018, the Supreme Court of the United Kingdom ruled Tini Owens, an English wife, must remain married to Hugh Owens, her husband of 40 years after she failed to prove her husband was at fault for the breakdown in their marriage. Tini contemplated divorce in 2012 and moved out of the couple’s home in February 2015. Tini argued her husband engaged in “unreasonable behavior” such that she could not reasonably be expected to continue their marriage. Hugh argued if the marriage had broken down, it must have been because Tini had an affair or was “bored.”

While many progressives and lawyers hoped for the court to grant the divorce, the court refused. One Supreme Court judge stated that Parliament had “decreed” that being in a “wretchedly unhappy marriage” was not a ground for divorce. Thus, the Supreme Court rejected the modern trend toward the “no-fault” divorce system in the United Kingdom and United States.

Fortunately, in California, grounds for divorce range from “irreconcilable differences” to “permanent legal incapacity to make decisions,” formerly known as “incurable insanity.” Moreover, evidence of specific acts of misconduct are not admissible in dissolution or separation proceedings, except for history of domestic abuse in cases involving child custody or restraining orders. If you are contemplating divorce, regardless of who is at “fault,” contact the experienced attorneys at Lonich Patton Ehrlich Policastri for a free half-hour consultation.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may detail general legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship

https://www.lpeplaw.com/wp-content/uploads/2019/02/LPEP_PC.png 0 0 Gina Policastri https://www.lpeplaw.com/wp-content/uploads/2019/02/LPEP_PC.png Gina Policastri2018-07-30 09:16:062019-01-24 04:05:24Who Dunnit: Playing the Blame Game in a Divorce

Categories

  • Business Law
  • Estate Planning
  • Family Law
  • Firm News
  • In the Community
  • News
  • Personal
  • Probate

Archives

  • February 2019
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • December 2017
  • November 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • September 2012
  • August 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • November 2010
  • June 2010
  • May 2010
  • April 2010
  • March 2010
  • February 2010
  • January 2010
  • December 2009
  • November 2009
  • October 2009

Free 30-Minute Family Law or Estate Planning Consultation

2 + 3 = ?

Link to: Contact Us

Contact Us

Our firm is dedicated to providing strong representation in a timely, effective, and efficient manner.
Contact us today to schedule a complimentary consultation to learn how we can best serve you.

LONICH PATTON EHRLICH POLICASTRI

1871 The Alameda, Suite 400, San Jose, CA 95126
Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com

Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, especially San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, and San Benito. For a full listing of areas where we practice, please click here.

DISCLAIMER

This web site is intended for informational purposes only and is not legal advice. Nothing in the site is to be considered as either creating an attorney-client relationship between the reader and Lonich Patton Ehrlich Policastri or as rendering of legal advice for any specific matter. Readers are responsible for obtaining such advice from their own legal counsel. No client or other reader should act or refrain from acting on the basis of any information contained in Lonich Patton Ehrlich Policastri Web site without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.

About | Why LPEP | Contact | Blog

© 2019 Copyright Lonich Patton Ehrlich Policastri. All rights reserved.

Scroll to top