What You Need to Know About the California Divorce Process for Adultery
Finding out that your husband is adulterous can incite a wide range of emotions. Here’s what to do if your husband is texting another woman.
If you find out that your husband is committing adultery and is texting another woman, the first thing you can do is equip yourself with knowledge on potential divorce proceedings. California is a purely no-fault divorce state, meaning that the only grounds for a California divorce are irreconcilable differences and incurable insanity. An individual does not have to prove that their spouse committed any kind of “fault” for a divorce to be granted. Therefore, California courts will not consider evidence of adultery when deciding to grant a divorce.
How Adultery Affects the Divorce Process
Although California is a no-fault state and no reasons are needed to be granted a divorce, misconduct such as adultery can affect other aspects of the divorce process.
Related: California No-Fault Divorce: What You Need to Know
Alimony, or spousal support, is money that a spouse pays to the other spouse during and after a divorce. Judges have a say in the final amount owed to the receiving spouse from the paying spouse, and misconduct (such as adultery) can affect the amount of alimony paid to the receiving spouse. Although judges cannot directly consider marital misconduct in deciding the amount of alimony, judges can consider whether a spouse was violent or abusive (physically or emotionally) towards the other spouse. Adultery can fall under this category, thus, impacting spousal support.
Other indirect effects of adultery can influence the divorce process. For example, suppose the cheating spouse obtained a sexually transmitted disease (STD) from the affair and then transferred the STD to their spouse. The damaging effects of a sexually transmitted disease can be considered in a divorce settlement.
A judge can also consider adultery as a factor when evaluating the marital estate. For example, if the adulterous spouse spends community funds on the affair, they must reimburse that money to the other spouse. Additionally, adulterous spouses who cohabitate with their new partner during or after the divorce can impact the amount of spousal support they receive or have to pay.
Related: Adultery Laws in California: What You Need to Know
How Adultery Affects Child Custody
In California, child custody is determined with the best interests of the child in mind. The State of California believes that a child should be able to have a strong relationship with both parents following a child custody order.
Related: What The “Child’s Best Interests” Mean in California Courts
Adultery is not considered a factor in the parent’s ability to be a good father or mother. Adultery could affect child custody only if the adultery were to affect the parent’s standard of behavior or negatively affect the child in an emotional way.
FAQs
Is alimony always adjusted in California when a spouse cheats on you?
Alimony can be affected when a spouse has been unfaithful, but this is not always the case. An adulterous spouse is not forced to pay alimony solely due to infidelity. The effects of infidelity, however, may affect spousal support, such as violence or abuse. Alimony is typically granted based on spouses’ financial needs and abilities.
Can I sue my husband for emotional distress if he cheated on me?
It is possible to sue a spouse for emotional distress in California if you can provide evidence to these claims. Spouses can be forced to pay for these damages which may help with financial recovery.
Contact Us
If you have any more questions on what to do if your husband is texting another woman, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. If adultery was involved in your marriage, we can get you in touch with one of our California Divorce Attorneys.