California Family Code § 2335 – No-Fault Divorce Evidence Rule

Plain-Language Summary

In plain language, Family Code § 2335 embodies California’s “no-fault” divorce policy by barring fault-based claims in divorce or legal-separation proceedings. The law states: “Except as otherwise provided by statute, in a pleading or proceeding for dissolution of marriage or legal separation of the parties… evidence of specific acts of misconduct is improper and inadmissible.” In short, spouses cannot introduce evidence of adultery, domestic cruelty, or other misconduct to gain a financial advantage or fault-based penalty in a divorce. Courts enforcing § 2335 regularly invalidate any contracts or court orders that impose a “premium” or penalty for personal misconduct, because “the family law court may not look to fault in dissolving the marriage, dividing property, or ordering support.”

Real-World Examples

  • Spouses may not use a divorce to punish the other for bad behavior: For example, a contract requiring one spouse to pay the other $50,000 for infidelity was held void as against public policy.
  • Agreements imposing property forfeiture for misconduct are unenforceable: In one case, a post-marital pact transferring a house to the wife if the husband relapsed into drug use was struck down under § 2335’s no-fault rule.
  • Domestic violence is handled via different rules: A spouse’s abuse can be considered under specific statutes (e.g., Family Code § 4320(i) or § 4325) when setting spousal support, but it is not admitted simply as “fault” in the divorce itself.

Published Case Law on § 2335

  • Diosdado v. Diosdado, 97 Cal.App.4th 470 (2002) – The court ruled that a marital fidelity clause (requiring $50,000 if a spouse cheats) was unenforceable under the no-fault policy. It emphasized that “the family law court may not look to fault… in dissolving the marriage,” and any penalty for misconduct violates the public policy of no-fault divorce.
  • In re Marriage of Mehren & Dargan, 118 Cal.App.4th 1167 (2004) – The court struck down a post-marital agreement that would have made the husband forfeit community property for drug use. The opinion held such agreements frustrate the statutory no-fault divorce scheme.
  • In re Marriage of Schu, 6 Cal.App.5th 470 (2016) – In a spousal-support case, the court acknowledged § 2335 but noted its saving clause. It held that evidence of a spouse’s domestic violence was admissible under the statutory exception in Family Code § 4320(i). Thus, a spouse can lose support due to abuse despite the general no-fault rule.

Full Text of California Family Code § 2335

Except as otherwise provided by statute, in a pleading or proceeding for dissolution of marriage or legal separation of the parties, including depositions and discovery proceedings, evidence of specific acts of misconduct is improper and inadmissible.

This content is provided for general informational purposes only and is not legal advice. Laws and their interpretations can change, and how the law applies to your specific situation may vary. For advice regarding your own circumstances, consult a qualified attorney.