What Does “In Good Faith” Mean?
The phrase “in good faith” often comes up in legal discussions, especially in family law. Simply put, acting in good faith means being honest, fair, and sincere in your actions. It means avoiding malice, deception, or harmful intent.
In family law, good faith plays a key role in resolving issues like property division, child custody, and spousal support. It encourages both parties to work together, follow the rules, and honor their agreements or court orders.
When both parties act in good faith, the process is smoother, and fair outcomes are ensured, even during emotional disputes.
Examples of Good Faith in Family Law
Good faith can show up in several ways during family law cases. Here are a few examples:
- Custody Discussions: A parent shows good faith by focusing on what’s best for the child instead of using custody as a bargaining tool.
- Financial Honesty: During a divorce, spouses must fully and honestly share information about their assets and debts.
- Following Court Orders: Sticking to visitation schedules or paying child support on time demonstrates good faith.
Even when disagreements arise, acting in good faith can help both sides find solutions quickly and with less conflict.
What Happens if Someone Acts in Bad Faith?
Acting in bad faith — being dishonest, uncooperative, or malicious — can lead to serious consequences. Courts don’t take kindly to behavior that disrupts the legal process. Some potential penalties for bad faith include:
- Fines or sanctions
- Changes to custody or visitation rights
- Orders to pay the other party’s legal fees
- Loss of credibility with the court
For instance, if a parent falsely accuses the other of neglect to gain custody, the court may view this as bad faith. This could hurt the accuser’s case and result in penalties.
Why Good Faith Is Key in Negotiations
Good faith is especially important when negotiating settlements in family law cases. Whether you’re discussing how to divide property or agreeing on spousal support, good faith encourages fairness and openness.
For example, in mediation, both parties are expected to come to the table ready to discuss their concerns honestly and work toward a compromise. Negotiations can break down without good faith, leading to longer court battles and higher legal costs.
How Courts Determine Good Faith
In California, courts look at each case individually to decide if someone is acting in good faith. They consider actions and intentions, including:
- Willingness to communicate and cooperate
- Efforts to follow court orders or agreements
- Honesty in sharing financial or other important information
The court will also look for signs of bad faith, such as hiding assets, making false claims, or delaying the process unnecessarily.
Why Acting in Good Faith Matters
Acting in good faith benefits everyone involved. It can lead to faster resolutions, lower legal fees, and better long-term outcomes—especially for families with children.
For example, parents who act in good faith during custody discussions often find it easier to co-parent effectively. Courts are also more likely to rule favorably for someone who shows honesty and fairness throughout the legal process.
Contact a Beverly Hills Family Lawyer Today
Call Berenji & Associates Divorce Lawyers today to learn how we can assist you.
Berenji & Associates Divorce Lawyers Los Angeles Office
550 S. Hill Street STE 1467
Los Angeles, CA 90013
(213) 277-2586
Berenji & Associates Divorce Lawyers Beverly Hills Office
9465 Wilshire Blvd #333
Beverly Hills, CA 90212
(213) 277-2586