The Role of Infidelity in Divorce

A man looking at his phone while his wife sleeps next to him

How Cheating Could Impact Parts of the Process

When it comes to the role of infidelity in California divorce cases, there is no black and white answer. Cheating can be a major factor in some divorces while having little to no impact on others. It all depends on the specific situation and the couple's history. In this blog, we will take a closer look at how infidelity can play into a California divorce case.

No-Fault State

California is a no-fault divorce state. This means that grounds for divorce are not based on marital misconduct. Rather, the reason for divorce is that the marriage has "irreconcilable differences" that are irreparably broken. While one spouse's infidelity may have contributed to said irreconcilable differences, it cannot be used as the grounds for the divorce. Cheating, then, does not play as big of a role in the divorce process as it might in other states.

Exceptions to the Rule

There are some instances, however, where cheating can affect divorce proceedings. For example, if one spouse spends a large amount of money on an affair (such as buying gifts or taking vacations), this could be considered dissipation of assets. In such situations, the courts may award a greater share of assets to the other party in order to compensate for the dissipation of the other assets.

Similarly, if one spouse commits adultery and it can be proven that they spent community funds on the affair, it may impact spousal support decisions.

Ask Questions of a California Divorce Attorney

Ultimately, infidelity generally does not play a role in California divorces. If you have any questions about how infidelity might affect your specific situation, it's best to consult with a California divorce attorney. They will be able to give you tailored legal advice based on the facts of your case.
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