We are proud to announce that our very own, Eli V. Hammond, a Certified Family Law Specialist, is being featured as a divorce expert on a new hit TV show, The Second Wives Club, on E! On the show, Attorney Hammond explains the general principles of California’s divorce laws, such as the state’s no-fault divorce approach, and property division under California’s community property laws.
E! filmed Attorney Hammond at our office in Century City, California, where he gave expert divorce advice for viewers. Attorney Hammond’s discussion is being featured in Episode 8 of The Second Wives Club; the title of the episode is “Game Over.”
California is among of handful of states that is a “community property state.” Generally, all property acquired during the course of a marriage is joint. Meaning, one half of the marital or community property belongs to each spouse in the event of divorce. Typically, community property is split equally in California divorce cases.
Also, California was the first state to become a “no-fault divorce” state. The term “no-fault” refers to a specific type of divorce. With a California no-fault divorce, there is no requirement to prove that one of the parties committed any wrongdoing in order to obtain a divorce. Instead of citing a fault, such as adultery, abandonment, or cruel and inhumane treatment, all a party cites is “irreconcilable differences” in his or her divorce petition.
As of this writing, 17 states and the District of Columbia only allow a petitioner to file for divorce on no-fault grounds; they do not offer the option of filing on “fault-based grounds.” These states include: California, Colorado, Florida, Hawaii, Kansas, Kentucky, Indiana, Iowa, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, Oregon, Washington, and Wisconsin.
Prior to no-fault divorce laws being passed in the above states, if a spouse wanted to file for divorce, he or she would have to do so on other grounds mentioned earlier, such as adultery, abandonment, or cruelty. The above states passed no-fault divorce laws to curb animosity and to streamline the divorce process, thereby reducing the financial burden upon the states, as well as the spouses themselves.