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Does Infidelity Affect Divorce in California?

Are you in California? Are you planning for a divorce in the state? If your answer is assenting, you might be aware of one thing for sure. Yes, California is a no-fault Divorce State. You might be thinking that infidelity in the state will not affect divorce in anyways. But, it is a misconception you have like others. Adultery and Infidelity in the state do affect the divorce.

Grounds for Divorce in California

California holds the pride of being the first state in the US to introduce no-fault divorce. This happened in the year 1970. Right from 1970, every couple divorcing in the state has only two options. The first option is that your wedding is forever broken. The second option is that your spouse is hopelessly senseless.

In both these cases, you need not have to get the permission of your spouse to end the relationship. Indeed, the state laws do not require considering infidelity or any other fault when granting a divorce. Nevertheless, the judges are at the liberty to evaluate the monetary effect on the infidelity of a partner on the victimized partner. Even, in rare cases, the judge might evaluate the effect of infidelity on your kids.


Does Infidelity affect alimony awards in California?

Let us consider that your partner has infidelity. In this case, during your divorce proceedings, the judges decide on an alimony award. They will decide on the duration and the amount to be awarded on this ground. The judges will give the utmost importance to the fairness in deciding on Alimony Awards. Further, they will consider the paying ability on the paying spouse. Even, if you are in the receiving end, you will be expected to show your need for the alimony. When deciding on the Alimony Awards, judges will consider many other factors as well.

What is infidelity within the context of family law cases in California?

Infidelity is otherwise referred to as Adultery or cheating in conversational English. However, there is a minor difference between infidelity and adultery. However, these terms are interchangeably used. The extra-marital relationship can be an intimate relationship. Otherwise, it can also be a bodily association with a person, who is not a legal spouse. Even, it encompasses paid sexual services. So, any extra-marital relationship is considered infidelity. The family law in the state of California follows this rule.

Will there be any effect of infidelity on property distribution?

As we are talking about the effect of infidelity on divorce in California, you should know about its effect on property distribution. This state is a community property state. It means that anything that you acquired after your wedding will be considered equally owned. However, this rule will not apply if you have received the property by inheritance or gift. Even income is considered a marital estate in the state.


Let us consider that your partner has spent his income in developing the infidelity relationship. In this case, the court in California will keep your spouse accountable for this. Of course, the judge cannot give one spouse additional property on the grounds of being cheated. However, the judge can order your spouse to reimburse the marital estate. This can be for half of the money he spent on infidelity. In this case, you will have to show proof of what your spouse has spent. Only then, you will get your share back.

So, when you take the case of California, there can be some effect of infidelity on Divorce. Even though it might not happen directly, there is every chance that it will happen indirectly. An attorney can help you with making the right moves concerning this.

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