Infidelity and divorce in no-fault states like California

By |2022-04-04T18:16:54+00:0018 Oct 2013|Categories: Child Custody, Divorce, Divorce Legal Issues, Emotions|

Infidelity and divorce in no-fault states like California

If an Orange County, California, reader asks a divorcing spouse why his or her marriage failed, the answer may involve endless reasons full of resentment or other emotions. Some divorce stories may also include infidelity, which is considered a common reason that a couple parts ways. However, if one person cheats during the marriage, it may not affect the divorce case a great deal, particularly in no-fault states like California.

A no-fault divorce law means that the spouse who filed for divorce does not have to prove that the other spouse did something wrong during the marriage. This also means that even if a spouse was proven unfaithful during the marriage, the court may not consider infidelity as grounds for divorce.

The same goes for spouses exhibiting bad behavior. In a no-fault divorce state like California, most spouses list “irreparable breakdown of the marriage” or “irreconcilable differences,” as the reason the person is divorcing the husband or wife.

However, infidelity can impact divorce cases in a no-fault state. For example, the spouse’s infidelity may affect divorce legal issues like child custody. The court may consider such a factor, particularly if it negatively affects the welfare of the child.

The infidelity of a spouse can be emotionally difficult in the event of divorce. However, reviewing divorce laws in California, such as no-fault laws, may prepare the spouses for the conflict and legal hurdles they may encounter while going through the divorce process. Although infidelity seems insignificant in no-fault states, the potential impact of such a factor may be used in settling the divorce in a less-stressful and more cost-effective manner for a spouse.

Source: Huffington Post, “Divorce Confidential: A Cheating Heart and Its Role in Divorce,” Caroline Choi, Oct. 1, 2013

About the Author:

Dorie Anne Rogers - The Law Offices of Dorie A. Rogers, APC
Dorie A. Rogers, a Family Law Specialist, Certified by the State Bar of California, has been an attorney since 1981 with an exclusive family law practice located in Orange County. She is accepting dissolution cases with support and property issues including the use of forensics to ascertain business value, community interests and to establish monthly case flow analysis. Ms. Rogers has substantial experience in high conflict custody litigation involving sophisticated psychological issues. She drafts premarital and postmarital agreement designed to define and establish parties' separate and community property interests. Paternity cases and domestic violence matters are considered part of her practice. Ms. Rogers is a court-approved and court-appointed to represent minor children.Ms. Rogers consults with individuals concerned about entering or exiting a relationship. She advises effective strategies for dissolution or premarital planning. Knowledge is power and good planning affords better results.Specialties: Family Law Specialist, Certified by the State Bar of California
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