Focused, Dedicated, Determined since 1986
209-390-8829

Will adultery affect divorce in California?

California is a no-fault divorce state, meaning the family court judge is not allowed to consider fault when making major determinations regarding property, custody and other divorce issues. However, just because California is not a fault divorce state does not mean that adultery will not affect your California divorce. A People's Choice outlines when adultery may or may not change the outcome of your separation.

Unfortunately, adultery alone will not result in direct legal consequences for the adulterous party in California. However, how a party acted while committing adultery may. For instance, if a spouse spends marital funds on his or her lover, he or she may be accountable for reimbursing the marital estate. To ensure this happens, the courts may award fewer assets or funds to the cheating spouse. Before a judge will do this, however, the harmed spouse will have to produce evidence supporting his or her claims that the adulterer wasted marital funds on his or her lover.

Adultery should not affect spousal support, but again, how the cheating spouse acted during the marriage and while courting a lover may. If a cheating spouse moves in with his or her lover before the divorce is final or directly afterward, the court may determine that he or she does not need financial support in the form of alimony.

Finally, adultery does not impact child custody – in most cases. However, if a spouse's cheating caused significant emotional harm to the child, the courts may award more custody to the other parent. If a spouse's relationship with a new partner causes him or her to neglect the child, the courts will take that into consideration.

The information in this post is for learning purposes only. It should not be used as legal advice.   

No Comments

Leave a comment
Comment Information
  • badge-bv
  • badge-sboc
  • badge-avvo
  • badge-rate

Each time I met with Dianne she was concerned for my well being, and was sincerely empathetic about my situation. She made a horrible chapter in my life bearable.

Contact Dianne Drew Butler & Associates

We offer a confidential consultation to all our new clients. To set up a meeting with experienced lawyers, contact us by email or call our office at 209-390-8829.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us Today

Dianne Drew Butler & Associates, Inc.
3031 West March Lane
Suite 224
Stockton, CA 95219

Phone: 209-390-8829
Stockton Law Office Map