How do I file for divorce if my spouse is cheating?
Table of Contents
How do I file for divorce if my spouse is cheating?
If you don't want a divorce, you can file a petition in the court to obtain a decree of judicial separation on the ground of adultery committed by your husband or wife. After obtaining the decree, you will no longer be required to cohabit with your spouse.
Does my wife get half if she cheated on me?
California is a no fault state so proof of infidelity is not going to be heard by the court. California is a community property state and your spouse is entitled to 50% of all community assets acquired during the marriage.
What happens if you cheat while married?
Adultery isn't just a crime in the eyes of your spouse. In 21 states, cheating in a marriage is against the law, punishable by a fine or even jail time. States with anti-cheating laws generally define adultery as a married person having sexual intercourse with someone other than their spouse.
Does cheating lead to divorce?
Infidelity isn't great for your marriage, but cheating itself is seldom to blame for divorce. Indeed, studies suggest that happily married people who cheat (out of opportunity, and not due to underlying marriage problems) do not typically split up.
