Will Allegations of Adultery Affect the Outcome of Your Divorce?
When your marriage has come to the point of adultery allegations, it is safe to say that your marriage is not in a good place. For many, after adultery allegations, it is likely that your marriage will end in divorce. If this sounds like what you are going through, you are not alone.
Millions of Americans find themselves in situations like yours. And it is not uncommon for those accused of cheating on their spouse to have concerns that these allegations will impact them in their divorce proceedings. Here is more about what you can expect if you have been accused of adultery in your California divorce.
Grounds for Divorce in California
Many people are under the impression that you need to meet specific legal requirements to seek a divorce. But California grounds for divorce are no-fault. This means that the family court system does not require one spouse to have reason to blame the other for the demise of the marriage.
Instead, under California Fam Code § 2310, you need only cite irreconcilable differences. Since California is a pure no-fault state for divorce purposes, this means the court system will not factor in marital fault when determining your divorce settlement terms, including the division of your marital property and assets, alimony, or child custody.
In some states, spouses may be able to cite abandonment or cheating as the cause for the breakdown of the marriage. But since this is not a requirement in California in order for you to obtain a divorce, you are not tasked with having to divulge the personal information of your marriage.
This not only protects you and your family emotionally, but it could help to speed up the divorce process, so you can finalize your divorce in a more timely manner.
Impact of Adultery on Divorce Settlements
One of the biggest points of contention in any divorce is the division of your marital property and assets. California is a community property state. This means that when you divorce, each spouse is entitled to half the marital assets. But they are also responsible for half of the marital debts as well.
Many people believe that if they can prove their spouse committed adultery, it can have an impact on the outcome of their divorce settlement. When you are dividing your marital property, assets, and debts, one spouse having cheated on the other should have no impact on the way these items are distributed.
However, if one spouse’s adultery had an impact on the value of certain marital assets or property, then the courts may find it appropriate to hold the adulterous spouse accountable for this financial loss.
If you have concerns surrounding how your divorce settlement could be affected by accusations of cheating, be sure to contact your divorce attorney in Orange County to discuss your legal concerns.
How Adultery Could Affect Your Alimony Case
Although adultery may not have a considerable impact on your property and asset distribution in your divorce element, it could have an impact on whether alimony is awarded, and if so, how much. For example, if the spouse who committed adultery was the one seeking alimony, the judge may be less likely to award the adulterous spouse’s alimony request.
Since spousal support and alimony is designed to ensure that both spouses are able to maintain their standard of living after divorce, as long as the cheating spouse is able to provide for themselves without financial support, it is less likely that they will be awarded alimony.
Whether you cheated on your soon-to-be ex, or are the spouse who was cheated on, if adultery occurred in your marriage, and you are getting divorced, it is in your best interest to retain legal representation. You will want to be sure that you are protected and prepared when discussions surrounding alimony begin.
Could Cheating Impact Your Child Custody Case?
Another major concern many adulterous spouses have is how their cheating could have an impact on their child custody case. If you cheated on your spouse, you should not have to worry about losing custody of your children.
The family court system does not consider adulterers to be unfit parents. While committing adultery is always frowned upon, unless the cheating had a significant impact on the child in some way, perhaps through concerns of suicide or self harm, then it is unlikely that infidelity will play a part in the courts decision to award custody to one parent over the other.
Parents who have prioritized their love affair over their parenting may find themselves dealing with a messy child custody battle, as the courts may consider this type of behavior to be neglectful. Especially in cases where the children are forgotten, left to take care of themselves, or are otherwise lacking in parental supervision.
With that being said, adultery happens. And if the courts find that your actions do not have an impact on your ability to be a good and present parent for your children, then infidelity should not have an impact on your ability to secure your child custody rights.
If you have concerns that your child custody case could be adversely affected by cheating allegations in your divorce, be sure to contact your divorce attorney to discuss the circumstances of your case.
Get Help From a California Divorce Attorney Today
Fear surrounding how your divorce settlement will be affected by cheating accusations can have a dramatic impact on your life. Fortunately, California law does not require those who commit adultery to suffer in their divorce settlements. However, be prepared to deal with the fallout if alimony is a part of your divorce.
Contact a respected California divorce attorney at Pedrick Law to protect your interest in your divorce settlement. Schedule your no-obligation consultation when you give our office a call at 949-438-3886. Or complete our online contact form, and we will reach out to you to find out more about the adultery allegations against you.