[CA] Does cheating have an impact on divorce?

Lexi, Chatbot

Are you looking for advice on how to gather evidence or take legal action regarding your spouse's infidelity?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your cheating spouse.

TJ, Esq.

Hello! My name is TJ and I’m an attorney. Thanks so much for the opportunity to assist you!

I’ve gone over the details you shared and I’ll post my initial response shortly. I’ll also post a few quick questions. They’ll help me better understand your situation so I can give you a more complete and tailored answer.

TJ, Esq.

Generally, in most states, a spouse's infidelity doesn't directly impact how assets or debts are divided in a divorce.

Most states follow "no-fault" divorce laws, which means the reason for the divorce, like cheating, usually isn't considered when figuring out things like property division or alimony. However, in some states, adultery can be a factor in determining alimony or if there's been a significant dissipation of marital assets because of the affair. It rarely affects child custody or child support unless there's evidence the cheating somehow harms the children.

What state are you in?

TJ, Esq.

Thanks for getting back to me. California is a no-fault divorce state, which means that adultery typically doesn't affect how community property is divided or impact spousal support. The court's focus is generally on an equitable division of assets and debts, and the reason for the divorce isn't a major factor in those decisions.

The only real exception might be if marital funds were used for the affair, which could be considered a misuse of community property.

Can you tell me more about any financial resources that might've been spent due to the affair?

TJ, Esq.

The truth is, in a no-fault state, (CA Fam Code § 2310) the cheating aspect generally doesn't give you a direct legal advantage in terms of property division or spousal support. The courts really try to keep the focus on the financial aspects of dissolving the marriage, not on who did what wrong in the relationship.

This means that even if you have concrete proof of your wife's infidelity, it's not going to automatically mean she loses out on assets or gets less alimony. The law is designed to treat both spouses equitably in terms of splitting community property, which is everything earned or acquired during the marriage, regardless of individual conduct. So, her share of the marital home, retirement accounts, and other joint assets would likely remain the same.

Where infidelity could potentially come into play, even in a no-fault state, is in very specific situations where it's linked to something financial. For example, if your wife were to give significant marital assets or funds to a new partner, that could be seen as a "dissipation" of community property. In such a case, you might be able to argue for a greater share of the remaining assets to offset what was essentially wasted. However, you've clarified that financial resources weren't misused, so that particular angle probably isn't an option here.

Another area where it might indirectly surface is in spousal support, or alimony, but it's not a common outcome. While adultery isn't a direct factor, a court could consider the overall circumstances of the marriage when determining the amount and duration of spousal support. However, it's really rare for infidelity alone to swing spousal support dramatically, especially since the primary factors are usually each person's income, earning capacity, and the length of the marriage.

Given that financial misuse isn't a factor, your next steps would primarily focus on what's typically involved in any divorce in a no-fault state. This would generally include assessing all your community property and debts, and then working towards an equitable division. You'd want to gather all financial documents, like bank statements, investment accounts, and retirement statements.

You'd also need to consider child custody and child support if you have minor children. Understanding your financial picture fully is key to protecting your interests. It's important to be prepared to negotiate or, if necessary, litigate these financial matters. Focusing on these practical aspects will help ensure you get a fair outcome regardless of the infidelity.

Did I completely answer your question, and do you need any clarification on what I've told you? Feel free to ask any follow-up questions.

Thank you for letting me assist you!