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Does Infidelity Affect My Divorce?

Jun 10, 2021 | Family

Infidelity is one of several factors that can lead to divorce. According to a recent study by the American Psychological Association, marital infidelity is cited to be responsible for about 20-40% of divorce cases in the United States. Discovering that your partner is cheating on you or having extra-marital affairs can be devastating. If you are thinking about filing for a divorce and want to know whether cheating will affect the outcome of your case, consulting with an experienced California family law attorney is crucial for detailed counsel.

At Equal Justice Law Group, Inc., we are committed to helping individuals and families navigate the complexities of divorce proceedings. We are available to discuss your personal situation and help you understand your options. As your legal counsel, we will fight diligently to protect your rights and best interests and guide you through every phase of the divorce proceedings.

Our team at Equal Justice Law Group, Inc. is proud to represent clients throughout Sacramento, California, and the surrounding areas of Jackson, El Dorado Hills, and Placerville. Contact our firm today for a consultation.

California is a No-Fault State

California is a “no-fault” divorce state. This means that spouses seeking a divorce are not required to prove that the other party’s actions were responsible for the divorce. Acceptable grounds for no-fault divorce in California include:

  • Insanity
  • Irreconcilable differences

Unless certain conditions are met, California courts may not consider adultery or marital misconduct when determining property division, alimony, child custody, or other divorce issues.

Ways Adultery Might Factor In

As mentioned earlier, marital infidelity isn’t grounds for divorce in California. In a typical divorce situation, adultery may not affect vital divorce issues such as equitable property distribution, alimony, child custody, or support, unless in one of the following situations:

  • Spousal Support: When awarding alimony, cohabitation by a cheating spouse may be used as an argument to lower the amount of spousal support payments.
  • Dividing Assets: If there is enough evidence that the adulterer spent a large amount of money on funding trips, vacations, jewelry, or other expensive gifts for the secret mistress or boyfriend, this may be considered when dividing marital assets.
  • Child Custody: Adultery may only be used to determine child custody if the wayward spouse exhibited the indecent act in front of the children, thereby exposing them to inappropriate situations.

Get Help from an Experienced Attorney

Filing for divorce in California involves complicated procedures. When your partner was involved in marital misconduct, negotiating a divorce settlement, dividing marital property, and agreeing on spousal support can be really difficult and overwhelming. When filing for divorce with infidelity involved, it is important that you speak with a knowledgeable family law attorney for detailed guidance and to determine the best course of action.

At Equal Justice Law Group, Inc., we have the experience and resources to guide and represent clients in family law-related matters, including divorce, child custody, asset division, spousal support, and extreme cases involving adultery. As your legal counsel, we can explore your divorce options and offer you the comprehensive legal guidance you need to make important decisions in your divorce proceedings.

Our attorneys will work diligently with all parties involved to negotiate a fair divorce settlement, resolve divorce-related issues and relationship differences amicably, and help you move forward quickly. We will fight compassionately to protect your rights, your family’s best interests, and your future.

Contact us at Equal Justice Law Group, Inc. today to schedule a consultation with an experienced divorce attorney. We can offer you the knowledgeable legal guidance, support, and advocacy you need to get through this difficult transition in your life. We proudly serve clients throughout Sacramento, Jackson, El Dorado Hills, and Placerville, California.

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