How does adultery affect divorce in California?
How 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.
Is cheating on your spouse illegal 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.
Can you sue for adultery in California?
Suing for adultery means having to prove to the court that your spouse cheated on you. California law allows you to sue on no-fault grounds, which might make your case easier. No-fault divorce grounds mean that you do not need to allege a specific reason to get divorced, such as adultery or abuse.
What is the burden of proof to obtain a divorce on the ground of adultery?
The burden of proof is on the complainant to prove adultery. Mere accusations will not be sufficient to obtain a divorce on the grounds of adultery. However, it is absolutely necessary that both disposition and opportunity be proven, as mere suspicion will not be enough to prove adultery.
