When a marriage is ending, infidelity can often be a contributing factor. But how does cheating affect a divorce in California? It's important to understand the legal implications and potential consequences of infidelity in divorce proceedings. Here are some key things to keep in mind:
California is a No-Fault Divorce State
California is a no-fault divorce state, which means that neither party has to prove that the other is at fault for the marriage ending. This includes infidelity. However, while cheating may not be the sole reason for a divorce, it can still have an impact on the outcome of the divorce settlement.
Cheating Can Affect Spousal Support
One of the ways that cheating can impact a divorce settlement is through spousal support. If one spouse can prove that the other was unfaithful, the court may take that into consideration when deciding on the amount and duration of spousal support. In some cases, the court may even deny spousal support altogether.
Cheating Can Affect Child Custody
Infidelity can also have an impact on child custody arrangements. If one parent's extramarital affair is deemed to be detrimental to the child's well-being, the court may limit that parent's custody or visitation rights. The court's primary concern is always the best interests of the child, and infidelity can be seen as a factor that could negatively impact the child.
Adultery Can Impact Property Division
In California, property is divided equally in a divorce. However, if one spouse spent a significant amount of community property on an affair or gave gifts to their paramour, the other spouse may be entitled to a larger portion of the community property. This is because the court may view the spending or gifting as a breach of fiduciary duty.
Hiring a Divorce Attorney Can Help
Navigating a divorce is never easy, and it can be even more complicated when infidelity is involved. Hiring a divorce attorney who has experience dealing with cases involving infidelity can be extremely helpful. They can provide guidance, support, and legal representation to ensure that your rights are protected throughout the divorce process.
In conclusion, while infidelity may not be the sole reason for a divorce in California, it can still have an impact on the outcome of the divorce settlement. It's important to understand the legal implications of cheating and to seek the guidance of an experienced divorce attorney if you're going through a divorce that involves infidelity.
If you're in need of legal representation for your divorce case, contact the Law Offices of Korol & Velen today. Our experienced attorneys can provide you with the guidance and support you need to navigate your divorce successfully. Contact us today to schedule a consultation.