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Posted By Kevin Cadora

When it comes to divorce, California is a “no fault” state which means that no matter the reason parties get a divorce, a spouse is NOT entitled to “damages” for things such as abandonment or adultery.  In fact, married couples in California can get divorced simply by having “irreconcilable differences” which basically means someone wants out of the marriage. 

Now, bear in mind that just because California is a “no fault” state in terms of divorce, spouses still owe a “fiduciary duty” to one another which is the highest legal duty someone can have to someone else.  With this fiduciary duty owed to your spouse comes the right and obligation to be completely transparent with one another about the finances of the marriage. 

Posted By Kevin Cadora

All too often in family law proceedings, parties and their attorneys allow their emotions to control the direction the case proceeds, which always ends in the same way with the parties' lives and their children's lives in ruin both emotionally and financially while the attorneys sit back and collect tens of thousands of dollars in attorneys’ fees.  What most people do not know and what many family law attorneys fail to tell their clients is that family court is not a court of law where there is always a winner and a loser like in a criminal case or an auto accident lawsuit.  Family court is a court of equity which is founded on principals of fairness, equality and best interest.  Family Court has no winners or losers; just degrees of losing because even if you as a party think you won a custody case or a property dispute, your children, your bottom line, and/or your relationship with the other parent will be negatively impacted by the result regardless of what you may think and/or feel about the outcome.  

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