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The Effect of Adultery in California Divorce Cases

Orange County divorce attorney; The Maggio Law FirmAre you involved in a divorce concerning adultery? If that is the case, here are some things to know as it relates to divorce in California. After all, you should ensure that you must get as per your rights irrespective of being the spouse of the adulterer or the adulterer.

There could be negligible impact on your divorce settlement

While there is no doubt that adultery is one of the biggest betrayals in any marriage, it may not make you eligible as much as you could be expecting when it is a question of divorce settlement. While you may feel that you deserve a lot due to the infidelity of your spouse during your marriage. In reality, you may often not be awarded the settlement amount that you consider is fair.

No effect on the issue of child custody

Though it may come as a big surprise for you, adultery committed by your spouse may hardly have any effect on the issue of child custody. If the court considers your adulterer spouse as a good parent, the latter could be awarded the right to the custody of your kids from the carriage or right of visitation.

Evidence is not needed in states that allow “no fault” divorce

Do you reside in a “no fault” state? If it is so, there is no need to produce any kind of evidence of adultery. This is because such states do not need any reason to divorce apart from the reason that the couple is not living as wife and husband anymore.

There could be benefits in issues related to alimony and settlement of property

Though there is no significant impact of adultery on divorce settlements. It can influence matters like alimony and property settlement. The reason for this is the spouse who was betrayed can use it to his/her advantage for continuing to maintain their existing lifestyle.

Court may consider expenses related to the extramarital affair

When the adulterer spouse spent a huge amount of money on his or her new partner, the spouse who was betrayed may be eligible for compensation.

Can adultery be a ground for divorce?

California does not recognize adultery as a ground for divorce.  However, there are some states where just because a spouse cheated on in the marriage does not signify that it is a ground for getting a divorce. When you do not stay in any “no fault” divorce state, the betrayed spouse should furnish evidence of the adultery committed by the other spouse before the courts to consider the same. The evidence can be a private investigator or an eyewitness who should testify in the court. When you have photographs of your spouse’s betrayal, you can produce them before the judge too.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.

divorce_attorneyGerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

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