How Adultery Impacts Divorce in California
If you’re going through a divorce, you know that it’s a challenging process in and of itself. But things can become even more problematic in the event that issues of infidelity come up. In California, adultery could affect various aspects of a divorce, though it doesn’t necessarily play as large of a role as you might think.
California is a no-fault state, which means its courts do not require a spouse to prove any wrongdoing on the part of the other to file for a divorce. However, adultery might influence some of the outcomes of the process, especially financial and emotional factors.
No-Fault Divorce
Because California operates under a no-fault divorce system, a spouse only has to prove one of two major factors in order to have the legal grounds for divorce:
- Irreconcilable Differences: The most common reason for splitting up; the couple simply can’t get along anymore
- Permanent Legal Incapacity to Make Decisions: Refers to a spouse being mentally incapable of continuing the marriage; rarely used
Overall, courts typically focus on dividing assets, determining spousal support, and arranging child custody without taking into account whose fault it was that the marriage broke down. They’re not allowed to punish the cheating spouse just because they were unfaithful to the person they were married to.
Spousal Support
Adultery may not directly impact the divorce on the whole, but it could influence spousal support in certain situations.
California family courts take various factors into account when deciding if (and how much) spousal support should be awarded, such as:
- Length of the marriage
- Financial statuses of both spouses
- Age and health of each person
- Standard of living established during the marriage
On its own, adultery might not affect spousal support, but it could have a financial impact if the unfaithful spouse spent a lot of the couple’s shared money on the affair. It is referred to as the “dissipation of assets,” and the court might factor it into their decisions. However, that doesn’t mean an automatic loss of the right to spousal support.
Potential Impact on Child Custody and Visitation
Generally, California courts prioritize the child’s best interests when they make decisions regarding visitation and custody rights. Adultery alone won’t often affect these decisions unless the affair causes direct harm to the children or impairs the cheating spouse’s ability to parent. Likewise, it does not mean the cheating parent will automatically lose in custody battles.
As an example, suppose that an affair introduces instability or an unsafe environment, such as exposing the kids to inappropriate relationships or drugs. In such a case, the court could reconsider the custody arrangement. Outside of situations like these, though, adultery won’t play any major role in custody rulings.
Property Division
California enforces community property laws, which means marital assets and debts are often split 50/50 when a couple divorces. As such, adultery generally doesn’t play a part in property division, either.
However, like spousal support, spending a large amount of shared money on an affair could push the court to adjust the division of assets accordingly. The concept of “wasteful dissipation” comes into play here: If marital assets are diminished because of an affair, the other spouse could be compensated for them.
Adultery’s Limited Impact on a California Divorce
Infidelity can certainly complicate and influence specific aspects, like emotional and financial matters. However, legally speaking, California’s no-fault divorce laws prevent it from having any kind of major impact on the outcome of a divorce.
Contact a Los Angeles Family Law Lawyer Today
If you’re going through a divorce, you need a strong team fighting for your rights. Call Berenji & Associates Divorce Lawyers today to know how we can assist you.
Berenji & Associates Divorce Lawyers Los Angeles Office
550 S. Hill Street STE 1467
Los Angeles, CA 90013
(310) 271-6290
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Beverly Hills, CA 90212
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