Puja Sachdev | March 12, 2025 | Divorce
Adultery is often considered by many people as a reason to divorce their spouse. If your spouse cheats on you, you may feel that you have valid grounds for requesting a divorce. Some states require valid legal grounds to file for divorce. This is called a fault-based divorce.
However, California is a no fault divorce state. This means that neither spouse must prove any wrongdoing by the other to file for divorce. Alleging irreconcilable differences is enough for a divorce in California. Although adultery technically has no direct legal implications on your divorce in California, infidelity can impact your divorce proceedings in a few ways.
What Is Adultery in California?
There was a time when adultery was considered a crime in many states. Adultery is the act of having sexual intercourse with someone other than your spouse while you are still married. Some states require a continuous and habitual sexual relationship for the behavior to qualify as adultery.
In California, adultery is not illegal. There are no criminal or civil penalties associated with the behavior. However, committing adultery can seriously harm your relationship with your family and even your reputation in your community.
How Does Adultery Affect My Divorce?
Since California is a no fault divorce state, there is no requirement of proving that your spouse was unfaithful.
During a divorce, many issues must be resolved, such as:
- Asset division
- Child custody
- Alimony or spousal support
Evidence of adultery can affect the outcome of some of these issues. Keep reading below to learn more details.
Asset Division
Some people have an incorrect assumption that an unfaithful spouse will get “taken to the cleaners” during a divorce. Although this may seem like a fair assumption to some people, that is not the way the law works when it comes to division of property.
California is a community property state for divorce proceedings. This means that marital assets will be split equally between the spouses during a divorce. Even if one spouse was unfaithful, the law directs that all marital property and assets should be split equally.
There are some situations in which infidelity can have an impact on asset division. For instance, if one spouse was using marital property, such as cash or other assets, to finance the extramarital relationship, they may be required to repay it or may be awarded fewer assets to make up the difference.
Child Custody
When determining child custody, the court will always consider the best interest of the child. One parent’s infidelity technically does not have a direct impact on custody arrangements. However, the court may consider factors surrounding the adultery, such as how much time the parent will have to spend with the child or whether drugs or alcohol are present in the adulterous relationship.
If the affair puts the child in a harmful or dangerous situation, then the adulterous parent might not be granted custody or even visitation rights.
Spousal Support
Spousal support, or alimony, is awarded when one spouse may not be able to financially support themselves after a divorce. Alimony is typically calculated based on the income and financial situation of each spouse. However, as with asset division, adultery can affect spousal support if one spouse has used marital property to support their affair.
Will Adultery Affect How Long It Takes to Get a Divorce?
Legally speaking, adultery does not have a direct effect on the timeline of a divorce case. However, divorces involving adultery are often more complex. Many of these cases end up being contested divorces instead of uncontested divorces. More complex divorce cases usually take longer to resolve than simpler divorce cases.
What Should I Do If My Spouse Has Been Adulterous?
The right decision for you and your family is one that you will have to make personally. However, there are some things you can do to help protect yourself in case you end up in a divorce. First, gather as much evidence as possible. Get evidence to prove the affair as well as any available financial evidence that shows how much money your spouse spent on the affair.
If children are involved, your top priority should be keeping them safe. If necessary, seek temporary court orders to keep your child out of any potentially unsafe situations. Finally, seek the help of an experienced California divorce lawyer. A lawyer can help you explore all your legal options and can advise you on the best path forward for you and your family.
Contact Our Divorce Law Firm in San Diego, CA. Call us at (619) 866-3756
Contact our experienced San Diego divorce lawyers at San Diego Divorce Lawyers, APC, today for legal assistance. Contact us at (619) 866-3756 to schedule a consultation.
We proudly serve throughout San Diego County. We are located in San Diego, California.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
(619) 866-3756
