What is marital misconduct?

Marital misconduct is a legal term used to describe certain types of behavior between spouses during their marriage. This type of behavior can lead to a divorce, even when one spouse does not want to end the marriage. In California, marital misconduct is considered to be any action taken by either spouse that is intentionally harmful to the marriage. Examples of marital misconduct include physical or emotional abuse, adultery, financial irresponsibility, willful desertion, or extreme mental cruelty. Each of these examples can be used as evidence in a divorce court to show that there was wrongdoing during the marriage and therefore, the marriage should be ended. In some cases, a court may award the wronged spouse damages for the misconduct of the other. Ultimately, marital misconduct is a legal term that attempts to assign responsibility for the breakdown of a marriage.

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What is marital misconduct?

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