Does Adultery Affect Your Divorce?

May 9, 2023
By Alternative Divorce Solutions

Unfortunately, marriages will occasionally be driven to end due to adultery on behalf of one or both spouses. This frequently leads to an abundance of heartache and an emotionally charged divorce. In many cases, couples wish to know if their partner’s infidelity will have any impact on the conclusion of their case and any spousal support awards.

California Alimony Laws

It’s important to note that California is a no-fault divorce state, which means that you can divorce for two reasons: 1- your partner is incurably insane, or 2- you and your spouse have encountered irreconcilable differences that cannot be overcome to save the marriage. When either of these are present, you may file for divorce, no questions asked.

You will not have to testify in court about why your marriage has failed, even if the reasons include infidelity. The presence or absence of adulterous behavior in a marriage will have no impact on the judge’s decision whether or not to grant the divorce.

It’s also important to note that California does not include marital behavior on the list of factors to consider when a judge makes a determination for alimony. This means that if the spouse who is the lower earner cannot support themselves, the judge will award them alimony, even if they were the one who committed the adultery and were the one to initiate the divorce.

With alimony, it is important to remember that one of the factors is the ability for one spouse to support themselves as well as the other. A judge will not order that alimony be paid more than the paying spouse can bear. Ultimately the final decision will be tied to a number of factors, including existing wealth, income earning potential, age, health, and the length of the marriage, amongst several others. This order may be temporary in instances of shorter marriages, but may also be permanent if the marriage was longer.

If you need assistance with your divorce and are concerned about alimony payments, seek assistance from an Orange County divorce mediator as soon as possible. Attorney Mediator Lani Baron of Alternative Divorce Solutions specializes in helping couples come to a peaceful and mutually beneficial end to their divorce without the need for lengthy and costly courtroom litigation. Our team can help you come to a conclusion that not only protects your best interests, but the interests of your family as a whole.

Find out more by scheduling a free consultation today; call Alternative Divorce Solutions at 949-368-2121.


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