Does Adultery Have An Impact On A California Divorce Case Today?
Are you wondering whether cheating can have an impact on your divorce case or not? If that is the case, here is all that you should know about adultery. A marriage can end when one of the spouses discovers that the other is having an adulterous relationship. But what importance does an extra-marital relationship has on the continuity of a marriage or in a divorce? The answer to this question may vary from country to country and from state to state. While in some states the effect may be negligible, in other states such a behavior could have a big impact on the results.
In the past, there had been a bigger correlation between adultery and divorce as compared to today. Especially, when a woman committed adultery, it was viewed as a big offense. The punishment was harsher for her than if it was done by a man. Even today, this is so in some countries like Saudi Arabia and Iran. In these countries, the woman could be punished with a violent death if she had an extra-marital relationship. In the United States of America, adultery is treated as a crime in a few states and yet is hardly ever prosecuted. However, as California is a no-fault state, adultery has little impact on the outcome of a divorce case.
Impact of adultery on asset distribution
Today, adultery does not have that much of an impact on asset distribution in the event of a divorce. However, the exception can be cases where a spouse has used his or her marital assets to provide support to that extra-marital relationship. For instance, when a husband takes a loan against a marital property to support his girlfriend, it can be considered while asset distribution takes place.
Effect of adultery to determine custody
Generally, adultery does not affect decisions related to determining the custody of the children in California. The exception could be when the third person that the wayward spouse is cheating with poses a threat to the children by having a criminal background, uses drugs or abuses alcohol, etc.
However, if adultery can be proven, it can have an impact on spousal support by reducing or terminating the amount of support when an ex-spouse or a spouse is living with some other person, which is known as cohabitation.
But the most problematic and serious problem that adultery is like to cause is while negotiating a settlement. According to statistics, more than a whopping 90 percent spouses resolve their divorce settlement through negotiations. An unfaithful spouse is most likely to feel sheepish or guilty after the confession or the discovery. On the other hand, the spouse cheated on usually feels furious and cheated. These emotional elements of both the parties may come in the way of a peaceful settlement and can significantly have an impact on the divorce terms.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.
