Infidelity is a profound breach of trust and one of the most challenging issues a marriage can face. It has historically been one of the most common reasons for couples to get divorced – in fact, until the institution of “no-fault” divorce laws, it was one of the only reasons couples could legally end their marriages.
That’s no longer true today, though. In California, a state that follows the “no-fault” divorce law, the effects of infidelity on divorce proceedings may not be as straightforward as one might assume. In fact, in many situations, it may not be considered by the courts at all.
Of course, divorces are complex, and there are always exceptions to the rule. Below, we explore the nuances of how unfaithfulness impacts divorce proceedings in California, so you’re better prepared to handle this difficult situation.
Infidelity and No-Fault Divorce in California
California was the first state to introduce the concept of no-fault divorce in the 1970s. In a no-fault divorce, the person seeking the split doesn’t need to prove that the other spouse did something wrong. Instead, they can cite “irreconcilable differences” as the reason for the split. This term is broad and can encompass a wide range of issues, from personal disagreements to more severe conflicts. It essentially means that the couple cannot get along, and there is no reasonable chance of reconciling.
This approach signifies a significant shift from the traditional model, where proving fault, such as infidelity, was necessary for a divorce. Furthermore, the person who was “at fault” for the split was often penalized by the courts, which were likely to award the “innocent” spouse a greater share of the joint assets. Under the modern no-fault system, the reason for the divorce rarely affects legal concerns like asset division or child custody.
Infidelity and Its Limited Legal Impact
Given the no-fault framework, being unfaithful does not directly affect the decision to grant a divorce in California. The court does not consider evidence of adultery when making determinations about the dissolution of marriage.
This aspect can be particularly frustrating for spouses who feel wronged or betrayed, as their emotional pain and the circumstances leading to the divorce are not legally relevant in the division of assets or spousal support. However, it also simplifies the legal process of divorcing. Since it’s unnecessary to prove fault, the proceedings can be more straightforward and less time-consuming. This simplicity can also make the process less expensive for both parties.
Other impacts of unfaithfulness during marriage on your divorce may include:
Financial Implications of Cheating
While infidelity does not impact the divorce process in terms of grounds or reasons, it can have indirect financial implications. If the unfaithful spouse has used marital funds or assets to support the extramarital relationship, this could be a factor in the financial aspect of the settlement. The court might consider these expenditures as a misuse of marital assets, potentially leading to adjustments in the division of property or award of spousal support.
Custody and Infidelity
Child custody decisions are based on the best interests of the child. In cases where a spouse’s cheating has directly or indirectly impacted the children, this may be a consideration in custody decisions.
However, the mere fact of infidelity, without additional factors affecting the child’s well-being, is unlikely to influence a custody determination significantly. The focus is on providing a stable, loving environment for the child post-divorce rather than punishing the unfaithful parent.
Emotional and Psychological Effects
The emotional and psychological impact of infidelity cannot be underestimated in the context of divorce proceedings. While legally irrelevant in a no-fault state like California, these factors play a significant role in the negotiation process.
In many cases, couples may opt for settlement negotiations or mediation as a way to amicably resolve their split. In these scenarios, the emotional aspect of infidelity often plays a significant role. A sense of betrayal can influence the willingness of parties to cooperate, impacting the negotiation process.
For example, parties may be less amenable to compromise, and negotiations can become more contentious, making litigation more likely. Even if asset division and custody are successfully handled outside of court, the additional hostility caused by cheating may potentially prolong the process.
Infidelity Clauses in Prenuptial and Postnuptial Agreements
Some couples choose to address the possibility of infidelity proactively through prenuptial or postnuptial agreements. These agreements can include stipulations or penalties in the event of adultery, which can affect the settlement.
In California, these clauses must be reasonable and not violate public policy to be enforceable. This restriction means it cannot be overly punitive, and both parties should enter into the agreement voluntarily and with a full understanding of the terms. In addition, enforcing an infidelity clause requires proof of unfaithfulness, which can sometimes be difficult to obtain. The agreement should clearly define what constitutes infidelity to avoid ambiguity.
Infidelity clauses offer a way for couples to set clear expectations and consequences regarding infidelity, but they also come with potential challenges and drawbacks. As with any legal agreement, couples should carefully consider and seek legal counsel when contemplating including an infidelity clause in their prenuptial or postnuptial agreement.
Discuss Your Divorce Options After Infidelity With an Experienced Attorney
The impact of infidelity on divorce proceedings in California is complex, influenced more by its indirect consequences than by its mere occurrence. While legally, being unfaithful is not a deciding factor in no-fault divorces, it can indirectly affect financial settlements and emotional dynamics between parties. For those dealing with the fallout of infidelity, understanding these nuances is crucial in navigating the legal landscape of divorce in California.Given the complications of divorcing in California, particularly in cases involving infidelity, consulting with a knowledgeable family law attorney is essential. An experienced attorney can provide valuable guidance, represent your interests effectively, and help you navigate the emotional and legal challenges of the divorce process. At Rodriguez Lagorio, LLP, we can help. Learn more by scheduling your appointment with our Fremont, California, divorce lawyers today.
