Adultery almost always has a devastating effect on a marriage. Most people consider it a massive betrayal and a violation of trust. Adultery, despite being one of the many factors that can trigger a divorce, often has less impact on the actual divorce process than people expect. Its effect on divorce could be almost entirely insignificant. However, since each case of divorce is unique, it is crucial to understand the legal implications and potential consequences of adultery when petitioning for divorce. Read on to learn more about how adultery can impact divorce in California.
An Overview of California’s No-Fault Divorce
Understanding the relationship between adultery and divorce law begins with recognizing that California is a "no-fault" divorce state. It means that neither party is legally responsible for the split. Also, neither spouse is required to prove the other is at fault.
In the past, if a married individual wanted a divorce, they had to prove that their partner had committed some offense or misconduct that warranted divorce. Adultery typically topped the list in divorce cases and was considered a "ground" (legal basis) for ending the marriage. In some states, you can still petition for divorce because of your partner’s adultery. However, this is not the case in California.
This means you no longer have to show your spouse was at fault for any wrongdoing. Also, mutual agreement is not necessary; if you want a divorce, your spouse's consent is not required. California abolished fault-based divorce over fifty years ago, becoming the first state in the United States to do so.
Under California law, the sole grounds for divorce (also known as "dissolution of marriage") are:
- Irreconcilable differences leading to the "irremediable breakdown of the marriage" (essentially meaning that the couple cannot get along and there is no realistic chance of saving your marriage)
- California law also considers the permanent incapacity of one spouse to make decisions a legal ground for divorce
Infidelity is unsurprisingly one of the most common reasons marriages fail and end in divorce. It can significantly contribute to the irreparable breakdown of your marriage, especially if you and your spouse cannot overcome the emotional fallout from an extramarital affair (unless you had an open marriage). However, in California, adultery is not considered a legal ground for divorce.
If you want to petition for divorce in an at-fault state, you must provide proof that your partner committed an offense, in this case, adultery. Acceptable evidence might include witness statements, electronic messages between your partner and their lover, or financial records showing your partner spent family funds on the person with whom they had an affair. If you can prove adultery happened and triggered the marriage's breakdown, you would qualify to file for divorce on these grounds.
Proving infidelity can be challenging in some cases. Your partner might deny any wrongdoing or claim that their affair happened only once. Without substantial proof, the court’s ruling might not be favorable for you.
How Adultery Can Affect the Divorce Process in California
You may still use your partner’s infidelity as leverage during divorce settlement discussions if you choose California’s no-fault path. Your spouse's adultery may affect your settlement in several ways, including:
Asset Allocation
California is a community property state with stringent regulations regarding property division in divorce. Unless spouses reach a different agreement, the court must distribute marital communal property and obligations equally. Judges can decide how to achieve a 50-50 value distribution, but the law does not allow them to divide community property unevenly based on case specifics.
Therefore, infidelity should not be a factor in the distribution of property in your California divorce unless your unfaithful spouse signs a divorce settlement agreement granting you more than half of the communal property out of guilt.
On the other hand, California law allows courts to transfer assets between parties if one party can prove the other intentionally misused funds while committing adultery. For example, you can use receipts to show you deserve a larger settlement if you prove your partner used family finances to cover a romantic holiday with their new lover or their education. This evidence might strengthen your case to retain the family house, vehicle, or other properties typically split 50/50 in a normal divorce.
Arrangements For Child Support and Custody
In California, as in every state, child custody decisions must be founded on the child's best interests. Judges can consider a parent's actions, but just as they affect the child's health, safety, and overall welfare. For example, the law explicitly permits judges to take into account whether a parent has mistreated their child, been involved in domestic violence, or abused drugs or alcohol.
Courts often prioritize the best interests of a child when determining parenting time and primary residence. This is regardless of whether one parent has committed adultery. Having extramarital affairs does not automatically disqualify married individuals from being good parents. The court's decision prioritizes the child's welfare over the parents' marital issues.
However, a judge can consider the factors surrounding your partner’s adultery if it threatens the child's welfare. For example, the judge will consider the following factors:
- If the extramarital affair caused any abusive behavior
- If the parent became totally uninvolved in their child's life
California's child support rules use a sophisticated procedure to determine payment amounts. This procedure primarily considers the following:
- Parents' incomes
- Time spent with the children
- How many children are being supported
- Other additional expenses
The state's guidelines outline this calculation method to ensure fair and consistent support determinations. Child support is intended to meet the needs of children. They do not reward or punish parents' actions. Therefore, neither parent's adultery can affect who pays the child support.
Receiving Spousal Support
Adultery can occasionally affect spousal support. This involves one party paying the other during divorce proceedings or after the divorce is finalized. It is not very common, but it does occur.
Alimony payments are a form of financial support that courts may award if you can prove your partner's infidelity caused your financial difficulties. This is often challenging to demonstrate. However, if an affair directly impacts your financial situation, you might have a valid claim.
During an affair or extramarital relationship, your partner may have accumulated a huge credit card debt or depleted joint savings accounts by paying for gifts, dinners, hotel rooms, or other affair-related expenses. This could potentially affect support payments.
In situations like these, the court may consider and award spousal support to compensate for these expenses. In certain cases, the court may even consider the complainant's mental trauma, although this is much more difficult to prove. However, it could be a factor if adultery results in significant trauma.
For example, the stress and pressure you experienced due to your partner’s adultery may have made it difficult for you to keep your job. If you can demonstrate beyond a reasonable doubt that this was the source of your income loss, the court may decide to grant spousal support.
Spousal support is less predetermined than child support. When it comes to infidelity, several factors are prioritized, such as financial condition, both spouses' incomes, marriage duration, career prospects, and earning potential. Spousal support is not typically used as a form of punishment by judges for offenses such as adultery. The goal is for both you and your spouse to emerge from the financial situation relatively sound and stable.
The Effect of Infidelity on Divorce Proceedings
The divorce process may take longer when adultery is involved due to added complexity and intensified emotions. Although California is a no-fault state and cheating does not legally affect the divorce outcome, it can indirectly impact the timeframe. The emotional strain caused by adultery could create conflicts, making it harder for the divorcing couple to agree on issues like asset division or child custody.
These disagreements may prolong the procedure instead of leading to a quick and agreeable settlement. If one partner used marital assets to commit adultery, tracking and accounting for these expenditures may further extend the divorce process.
Dealing with Divorce After Adultery
Finding out about your partner's extramarital affair can be a painful experience for many. However, if you decide to still go ahead with the divorce, remember that using divorce procedures to get revenge on your spouse is unwise. Doing so will make the entire procedure more difficult for you and your children if you have any. Arguing about unrelated issues due to lingering resentment will certainly escalate divorce costs. Instead, focus on resolving matters efficiently and fairly for everyone involved.
Separate the practical and legal difficulties associated with your divorce from the emotional ones arising from your sense of betrayal. Do your best to ensure the divorce process itself goes as smoothly as possible while rebuilding your life after the divorce.
You can go for an uncontested divorce in California if you collaborate with your spouse to work out a divorce settlement agreement. This type of divorce is always significantly faster, easier, and more affordable than a standard contentious divorce. You may choose divorce mediation if you need assistance settling disputes. If you agree, you can likely get a divorce on your own or through an online divorce agency.
However, suppose you were the one who committed adultery. In that case, you may face a partner who refuses to let go and insists on a drawn-out court battle over every aspect of your divorce. In this case, consult an experienced attorney to find steps you can take to protect your interests.
Dealing with a divorce where there was adultery can be emotionally taxing. In California, the process may differ from what many expect due to the state's no-fault divorce laws. Infidelity, despite feeling like a massive betrayal and causing great anguish, often has little impact on legal outcomes such as asset division, alimony, or child custody.
Every divorce case is unique and influenced by various issues beyond marital faithfulness. The focus of these proceedings is not on assigning blame but on finding an equitable solution that considers the rights and interests of all involved parties. This approach aims to streamline the process and reduce unnecessary conflict during an already challenging time.
Is Adultery Considered a Criminal Offense In California?
The concept of adultery has existed and has been recognized as a valid reason for legal separation. The explanation is straightforward: when one partner in a marriage has committed adultery, it affects the trust between them.
Adultery rules have not been as clear in the past as they are today, even though infidelity has consistently been grounds for divorce. Previously, most governments considered infidelity a crime. This indicated that a cheating partner could be detained and indicted with a felony if caught in the act. Currently, in California, it is not a criminal offense for a married individual to engage in sexual activity outside their marriage.
Learning that your partner has been unfaithful can be hurtful. You might feel you can no longer trust them, which can negatively affect your mental wellbeing. It is natural to resent your partner for their infidelity and want to find them responsible for the breakdown of your relationship. While these feelings are normal, and your spouse's affair might give you grounds to assign blame in the divorce case, doing this could complicate the proceedings.
Despite adultery not being a criminal offense, an unfaithful spouse may face consequences during divorce proceedings. If a judge determines that the adultery significantly impacted the marriage's finances or children, they may penalize the adulterous spouse financially or reduce their share of marital property.
Frequently Asked Questions
Below are some of the most common questions regarding divorce proceedings and adultery:
What will Happen in a Divorce Proceeding When One Spouse Commits Adultery in California?
While cheating is a painful and challenging situation to deal with, it does not significantly influence the divorce process in California. One party will submit a petition for dissolution, assets and property will be divided, and other major decisions will be resolved. Adultery might affect alimony, spousal support, and child support, depending on the circumstances surrounding the infidelity. However, these aspects are generally determined by other factors, such as financial need and ability to pay.
What Rights Does a Partner Who Has Cheated Hold in the Event Of a Divorce?
California is a no-fault divorce state, meaning the spouse filing for the divorce does not need to provide proof to support their decision to end the marriage. Additionally, California is a community property state, where assets and property acquired during the marriage are equally distributed between spouses upon divorce. These factors indicate that a cheating spouse is still entitled to their share of marital assets and property, regardless of their infidelity during the marriage.
How Does Cheating Affect the Settlement of a Divorce in the State of California?
Cheating has relatively little bearing on divorce settlement terms in California, a community property state. Assets and property acquired during the marriage are distributed equally between partners. However, adultery may affect alimony payments in specific situations, such as when the unfaithful spouse moves in with their partner during the divorce process. Cheating can also impact child custody and support, especially if the child was endangered due to the infidelity.
What Can Be Used As Proof of Infidelity In California?
In California, proof of adultery is not required to obtain a divorce, as it is a no-fault state. However, if you intend to use your spouse's actions in proceedings, you must provide substantial evidence. You do not need to hire a private investigator or obtain photographs of your spouse engaging in the act. Instead, the court focuses on the dissolution of the marriage without assigning blame to either party.
You can provide your attorney with certain evidence, including:
- Receipts—this is essential if your partner used shared finances (such as a joint checking account) to cover things throughout the affair. These serve as crucial proof for your case.
- Calendars—if your partner's adultery resulted in extended absences from the family home for days or weeks, this might support your claim to keep the family home
- Official records—suppose your partner engaged with prostitutes or had any interactions with law enforcement; these records could help persuade the court to rule in your favor
Your legal team can assist you in determining what information to collect and how to use it. Generally, the more concrete proof you can find, the better.
Find an LA Divorce Lawyer Near Me
Navigating the divorce process is challenging, especially when infidelity is involved. Hiring a divorce attorney experienced in handling infidelity cases can be highly beneficial. They can provide assistance, support, and legal representation to ensure your rights are protected throughout the divorce process.
If you are going through a divorce involving adultery, it is crucial to understand the legal repercussions of cheating and seek advice from an expert divorce attorney. Contact the Los Angeles Divorce Lawyer immediately if you need legal assistance for your divorce case. Our experienced attorneys can provide the support and guidance you need to navigate your divorce effectively. Get in touch with us today at 310-695-5212 to schedule a consultation.
