​​Uncontested Divorce: Does Adultery Matter in a California Divorce?

​​Uncontested Divorce: Does Adultery Matter in a California Divorce?

Infidelity is one of the top common causes of divorce. Although your partner’s cheating will hurt you deeply, there is no reason to guide your further actions with your heart but not mind. Instead, it is better to study adultery laws in California, discover the possible impact of infidelity on the divorce case, and opt for an uncontested divorce to gather maximum benefits in the end.

Uncontested Divorce Is the Best Choice

No matter how disappointed you are about your marriage failure and the connected details, it is strongly recommended to choose a no-fault divorce. This will bring you sheer advances whether you terminate your marriage in California or most other states.

No-Fault State

California is a no-fault state, meaning that you don’t have to provide any serious reason to file for divorce. Previously, you could only end your marriage if your partner did something bad to you, your children, or your family. But these days, you can get a divorce just because you are not happy together and don’t want to be a couple anymore.

Since seeking a partner’s fault is an outdated practice, there is commonly no consequence of committing adultery in California regarding the divorce process. So, most couples don’t even mention infidelity in their case not to discuss the touchy topic in the course of a divorce.

No-Fault Divorce Benefits

As long as infidelity will probably change nothing in your divorce case, there is no need to bring it to court. You will only gather positive outcomes if you head to OnlineDivorcer to file for uncontested divorce there. Here are some common advantages you will earn if you do the uncontested divorce on your own :

  • shorter process;
  • less money wasted;
  • attorney’s assistance isn’t obligatory;
  • you will make your own decision as to divorce and further life.

As a result, you will finalize your marriage, let your cheating spouse go, and use saved time and finances for rearranging your life after divorce for the better.

Wise Decisions

If you discover your spouse has cheated on you and crave revenge in court, quit the idea. You will waste much time, effort, health, and so on during the process.  Still, it doesn’t guarantee any positive and desired outcomes in the end. You can even lose more than you earn as a result of a long-term argument over your failed marriage in court. So, you’d better opt for no-fault marriage termination and do the most on your own by cooperating with your spouse so that your divorce settlement agreement guarantees a happy life for both of you.

The Possible Impact of Adultery

As much as it can hardly happen, adultery may still have an impact on the way your divorce will be resolved. The adultery laws in California clearly stipulate the cases when cheating will be taken into account in the divorce proceedings. Study the details to use them for your benefits or to be ready to get protected from.

Spousal Support

Infidelity can be the reason to ask for spousal support. Still, it is only possible if you can prove the connection between your spouse’s cheating and you being unable to earn a decent income. There are two cases that can be taken into account:

the partner’s affair has led your family to financial hardships (e.g., your spouse has accumulated debts and credits by wasting money on dates, presents, rooms connected to their affair);

the partner’s cheating has impacted your health that led to an inability to earn a decent income (i.e., you are so devastated and depressed by the fact of cheating that you cannot perform well at work and undergo salary reduction or lose your job as a result).

In both cases, you need to provide strong arguments to prove your spouse’s fault. Otherwise, you cannot expect spousal support connected to adultery.

Reimbursement

If your spouse commits infidelity and uses your family budget for the related expenses, you can request reimbursement. You need to prove that your partner has used not other, but family finances on hotels, presents, and dinners, and the judge will assign your soon-to-be-ex to repay you the misused costs.

Still, if the wasted money is for minor reasons, but not expensive presents, such as a car, jewelry, or accommodation, you’d better let it go. You will possibly waste more money on investigation than you can regain in the end. Yet, if you suspect that significant sums are involved, cooperate with the experts to get your money back.  

Child Custody

In most cases, a parent involved in adultery isn’t deprived of any rights in child custody. They can take care of their kids to the same extent as another parent.

In contrast, there can be situations when cheating has a severe impact on child custody in divorce. If a cheating spouse has taken kids to the meeting with their affair, has missed the child’s concert, match, any other school event, or has given up on any parental responsibilities for the sake of the affair, there will be serious consequences in divorce.

Although you may be told that cheating will have no effect on your divorce case, it is strongly advised to check out the legal consequences of adultery in your state. This will allow you to predict the possible outcomes of divorce and decide whether you want to involve infidelity in your case.



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