Does Adultery Affect The Divorce Process In California?

The last thing you ever think about when you get married is that it may not work out. However, there may be a time when you need a divorce attorney in Westlake Village to help you through this process. While there are many reasons a couple may decide to split, adultery is one of the most emotional and detrimental.

But how does cheating affect a divorce in California?

At the Law Offices of Stephanie L. Mahdavi, we want to answer that for you today. We are here to handle all of your family law needs.

What this can mean in a divorce

You may have heard of no-fault divorce. California was the first state to implement this type of divorce, and it means that you do not need your spouse’s agreement to obtain a divorce.

• Courts in California are not supposed to consider any fault when granting a divorce, including adultery.

Officially, cheating plays no role in the official granting of a divorce. However, that does not mean it will not play a role in some areas of the separation. We want to look at the various issues that are present in divorce proceedings and see if they could be affected by one spouse’s cheating.

• Property division – you and your spouse own everything equally in California (communal property state). If a cheating spouse used his communal property on the person he was cheating with, this could lead a judge to order the cheating spouse to reimburse the marital estate for half the money they spent. Please understand that this requires proof that the spouse cheated (financial statements, receipts, etc.).
• Alimony payments–these payments can only be based on the financial needs of a lesser earning spouse and the ability of the other spouse to pay. These cannot be punitive in nature. In other words, a judge cannot order alimony as a punishment for cheating.
• Child custody – California courts base custody decisions on what is in the best interests of the child. This usually means that both parents should be involved in their child’s life, barring issues of abuse, drug, and alcohol use, or anything that could affect a child’s well-being. Adultery almost never affects the outcome of child custody and visitation agreements.

If your spouse has been cheating on you, do what you can to obtain proof so you can use that in court.

We are ready to help you today

Nothing about the divorce process is easy. It can become emotionally and legally complicated. However, we recommend that you secure legal assistance to help you through this. At the Law Offices of Stephanie L. Mahdavi, you can count on having a knowledgeable and experienced attorney by your side, working to ensure that you are being treated fairly. All aspects of your divorce need to be settled, and we are ready to help with negotiations and court. If you need a Westlake Village divorce attorney, you can contact us for a consultation by calling at 805-379-4550.