Is CA a fifty fifty state when it comes to divorce?
Is CA a fifty fifty state when it comes to divorce?
Since California is a “Community Property” state, all marital property will be divided in a 50-50 fashion according to the court unless agreed to otherwise by the divorcing spouses. This means that everything that is considered “up for grabs” in the dissolution will be distributed equally to each spouse.
Does adultery affect alimony in California?
In California, an adulterous spouse isn’t forced to pay alimony due to infidelity. Punitive damages are not awarded on this basis. If a judge decides that the lesser-earning spouse’s new living arrangements effectively ease his or her financial burden, the judge may lessen the amount of alimony.
Is there adultery law in California?
Many states have made adultery illegal, and their criminal laws contain definitions of adultery. California has not made adultery a criminal act, so there’s no official state definition of adultery. The courts will not consider evidence of adultery, or any other kind of fault, when deciding whether to grant a divorce.
Does adultery affect divorce in California?
California is a no-fault divorce state, meaning the family court judge is not allowed to consider fault when making major determinations regarding property, custody and other divorce issues. Unfortunately, adultery alone will not result in direct legal consequences for the adulterous party in California.
Does cheating matter in California divorce?
California is a No-Fault Divorce State Usually, infidelity does NOT impact property division (unless the cheating spouse wasted marital assets on the affair), spousal support, or child custody, with limited exceptions. In by far the majority of cases, cheating will not affect child custody.
Does cheating affect a divorce?
When Does Cheating Matter? Sometimes, adultery does become a factor in a divorce decision, even in a no-fault state. Property Division – If the cheating spouse used marital assets or property to enhance the affair and it depleted marital assets, a judge may take that into account during property division decisions.
