While adultery can cause significant pain and emotional stress in a marriage, it is not a significant factor in California divorce law.
California divorces are obtained on no-fault grounds – and financial and child custody decisions are based on certain factors, not spousal behavior.
California divorces are based on irreconcilable differences and the incurable insanity of a spouse. The spouse asking for a divorce does not have to prove that the other spouse is guilty of any kind of misconduct, including adultery.
California’s no-fault approach to divorce extends to financial settlements. Even though one spouse may have committed adultery, his or her behavior does not affect the division of community property.
However, if one spouse can prove that the other spouse used community property to finance their adulterous relationship, that spouse can ask the court to regard this as a misappropriation of marital monies. If this is the case, the court can award that spouse up to half of the misappropriated funds – including interest.
In addition, if the adulterous relationship has caused the ‘wronged’ spouse emotional distress, it may be possible for him or her to ask the other spouse to help pay for counseling or therapy. This could be included as part of an alimony agreement.
Finally, if the ‘wronged’ spouse suffered a sexually transmitted disease because of their spouse’s infidelity, he or she can sue their spouse for damages.
Infidelity most affects divorce in the negotiation process. Rarely does it fail to elicit a strong, negative emotional response from the ‘wronged’ spouse. In turn, the party who is engaged in the affair may respond out of guilt or become defensive.
There is a lot of confusion and misconceptions about the entire divorce process. While everyone understands that a divorce ends the marriage, few people understand the basic concepts that are in place when seeking a divorce.
If you have questions regarding your divorce, you can rely on the Orange County family law offices of Amy M. Montes to guide you through difficult divorce and family law situations. Call us today to schedule an appointment.
