How Does Adultery Affect Divorce in California?

The answer to the question of how adultery affects divorce proceedings in California depends on the particular circumstances of each case. If the adulterous affair caused the breakdown of the marriage, then it may be a factor in awarding spousal support or dividing up property. However, if there was no proof that the affair caused the divorce, then adultery generally will not be a factor.

Adultery and the Laws Surrounding It

Adultery in California is voluntary sexual intercourse between a married person and someone other than their spouse. It does not matter if the affair occurred before or after the marriage or if it was with a man or a woman. The adultery laws in California state that adultery can be grounds for divorce, but it is relatively rare for it to be a factor in deciding other aspects of the divorce, such as spousal support or child custody.

There are two main ways that adultery can affect a divorce in California:

1) If the affair caused the breakdown of the marriage, it may be relevant to decisions about spousal support or property division.

2) Committed an affair during the marriage can be marital misconduct and could justify an unequal distribution of property.

How Adultery Affects Divorce Proceedings

If adultery is actual, it can significantly impact divorce proceedings. However, if there is no proof that the affair caused the divorce, then adultery generally will not be a factor.

How to Prove Adultery in Court

If you suspect your spouse has committed adultery and you want to use it as a ground for divorce, you will need to prove it in court. This can be difficult as it requires evidence that the affair occurred. You may need to hire a private investigator or present other evidence, such as emails or text messages, to prove that your spouse committed adultery.

If you have questions about how adultery may affect your divorce, please contact a divorce attorney in Pleasanton CA, at the Tierney Law Group for more information.

How Does Adultery Affect Spousal Support?

In California, spousal support is generally awarded based on need. However, if one spouse has committed adultery, the court may consider that adultery when deciding who gets the spousal support. For example, if the adulterous affair caused the divorce, the spouse who committed adultery may be less likely to receive spousal support.

How Does Adultery Affect Property Division?

The property is generally divided equally between spouses in a divorce. However, if one spouse has committed adultery, the court may consider adultery when deciding property division. For example, an adulterous affair during the marriage could justify an unequal distribution of property.

How Does Adultery Affect Child Custody?

In California, child custody is generally awarded based on the child’s best interests. However, if one parent has committed adultery, the court may consider it when deciding on child custody. For example, if the adulterous affair was with someone who is a danger to the children, the parent who committed adultery may be less likely to receive custody. If you are considering divorce and adultery is a factor, you should speak to an experienced Pleasanton divorce attorney. An attorney can help you gather evidence to prove adultery and advise you on how adultery may affect other aspects of your divorce, such as spousal support or property division. Contact the Pleasanton divorce and family Law attorney at Tierney Law Group today for a consultation.