I Want A Divorce Because My Spouse Is Cheating on Me! How Can I Make Him or Her Pay?!
So you just found out that your spouse is cheating on you. Obviously never a pleasant experience. You should first try to determine possible causes for that behavior (if there are any) and then whether you are willing to work through it and the possible underlying issues or otherwise proceed with divorce.
The first instinct is to file for divorce and “make them pay!” Although each state has different standards and rules concerning marital infidelity, it is important to understand that in California, being unfaithful has no real relevance because California is a “no-fault” divorce state. In fact, there are only 2 basis for seeking a divorce in California: (1) “irreconcilable differences,” and (2) incurable insanity. Although you may believe that your cheating spouse is guilty of the latter, 99.99% of California divorces end for “irreconcilable differences.”
Furthermore, your spouse’s cheating ways does not generally entitle you to more spousal support or a bigger piece of the marital estate. If you can prove that your spouse spent your community monies on his or her fling (easier said than done), you may be able to recover your one-half of those monies. Otherwise, unless you have children and the other adulterer, whom your spouse may decide to have an ongoing relationship with, is a drug addict or other danger to your children, the issue of adultery will not no real relevance in your divorce case. However, those spouses who have been cheated on tend to find other ways to make the other spouse pay one way or another.
For more information or to schedule a consultation, contact California Divorce Mediators at (949) 553-0911 or at www.cadivorcemediators.com.
To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”