There is nothing more damaging to a marriage than committing an act of adultery, which is why if your spouse did so, you may now be seeking a divorce, and you may be wondering whether you should cite adultery as a fault ground for your divorce. Please continue reading and speak with our California divorce attorneys to learn more about whether you should do so. Here are some of the questions you may have:
Does citing adultery impact the outcome of a divorce in CA?
While it is entirely understandable that you may wish to cite adultery as a fault ground for your divorce, the truth is, California is a no-fault state, meaning that in most cases, it is simply best to refrain from citing adultery as a fault grounds, and for two primary reasons. First, citing any fault ground gives your spouse a chance to rebut your accusation, which often calls for a longer, more expensive, and oftentimes more contentious litigation process. Additionally, in many cases, citing adultery as a fault ground simply does not have a significant impact on the outcome of your divorce, regardless of how significant the act of adultery may be to you personally.
What divorce terms may citing adultery impact?
That being said, there are certain rare instances where citing adultery as a fault ground may impact the outcome of a divorce. Below, we have listed some of the most common aspects of a traditional divorce and discuss briefly whether citing adultery may impact their terms.
- Child Custody: Generally speaking, citing adultery will not impact the outcome of a child custody agreement. However, if you can prove that your spouse endangered your child in some way while committing an act of adultery, there is a chance that you may use this information to impact the outcome of your custody agreement.
- Division of Assets: In most cases, citing adultery as a fault ground will not affect the division of assets.
- Alimony: In some instances, if you are the financially dependent spouse and you can prove that your spouse squandered marital assets while committing an act of adultery, such as by paying for vacations or expensive dinners during the course of the affair, you may receive greater alimony payments, though this is absolutely not a guarantee.
If you have any further questions, please do not hesitate to give our firm a call today. We are here to help.
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Divorce and family law issues are notoriously complicated and personal, which is why you must hire an attorney with years of experience, as well as the compassion and skill needed to handle these sensitive matters. For the qualified, dedicated legal representation you and your family deserve and need, contact Zitser Family Law Group, APC today.