What You Need to Know About How Adultery Affects Divorce in California
California law does not require any proven reason for a divorce. Here’s everything you need to know about how adultery affects divorce in California.
Adultery affects spouses’ relationships with each other, and can sometimes lead to a divorce. However, in no-fault divorce states, adultery has no effect on the legal proceedings of a divorce.
Grounds for Divorce in California
A California resident may get a divorce if they say they have “irreconcilable differences” with their spouse. Irreconcilable differences are grounds determined by the court to be substantial reasons for the termination of a marriage. Irreconcilable differences make it known that the marriage should be ended. A spouse does not have to give the court any other reason or prove anything when seeking a divorce. There is no guilty or non-guilty person from the perspective of the courts. This is why California is considered to be a “no-fault” divorce state. This means there does not have to be any specific reasons a couple desires a divorce. This includes if a spouse commits adultery.
Related: Grounds for Divorce in California: The Basics
Does Adultery Have Any Legal Effects on a California Divorce?
There are no legal effects as a result of adultery in a California divorce. Whether it be in property division, alimony (spousal support), child support, or child custody, adultery does not necessarily have any effect on divorce. However, in the case of child custody, the judge determines how to make an order based on the child’s best interests. The judge may take adultery into consideration, but they have the discretion to decide whether or not to do so.
Related: How Adultery Affects Child Custody in California
How to File for Divorce in California
After finding out that one’s spouse is committing adultery, one may wish to pursue a divorce. Here’s how to file for divorce in California.
1. Fill out the proper forms.
- The spouse starting the case is the petitioner. The Petition—Marriage/Domestic Partnership Form FL-100 gives the court basic information about the marriage and gives one the opportunity to request what order(s) they want the court to make.
- Summons (Family Law) form FL-110 contains important information for the couple about the divorce process. It contains some orders limiting what couples can do with their property, money, and other assets and debts, among other things.
- If one has children under the age of 18 with their spouse, fill out the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)—Form FL-105/GC-120
Make sure to make copies of the forms to give to the other spouse. The original forms are for the courts.
2. File the forms with the court clerk and pay the appropriate filing fees.
3. Serve the first set of court forms.
California law requires that the receiving spouse be told that the divorce process has started. In order for one to do this, one must “serve” their spouse with copies of all their court papers.
Related: How to Serve Divorce Papers in California
4. Fill out and serve the proper financial disclosure forms.
The financial disclosure forms must be submitted no later than 60 days after the filing of a divorce petition. These forms give each of the spouses written information about what each one owes, separately and together, in order to divide the property and debts equally.
a. Declaration of Disclosure Form FL-140
b. Schedule of Assets and Debts Form FL-142
c. Income and Expense Declaration Form FL-150
- The disclosure documents must include all tax returns filed in the last 2 years.
- Make a copy of the forms and serve them to the receiving spouse (must be done by someone other than the petitioner and who is at least 18 years of age).
d. File the Declaration Regarding Service of Declaration of Disclosure (Form FL-141), which tells the court the required disclosure documents were sent. Make two copies of this form and file both with the county clerk. The clerk will keep the original and rerun the copies back stamped “Filed.”
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