If infidelity is the reason behind the breakdown of your marriage, you may wonder if it will impact your divorce proceedings. Will the settlement be skewed against the spouse who stepped out of the marriage? Will any of it matter in divorce court? Here’s what you should know.
California is a no-fault divorce state, which means the reasons behind the end of the marriage are less important in court. This approach aims to prevent divorce proceedings from becoming lengthy battles over who’s to blame.
When cheating might still be relevant
There are situations where infidelity may impact divorce proceedings or the court’s decisions on certain aspects. One such instance is if the unfaithful spouse misused marital funds during the affair, such as spending money on gifts, trips or accommodations for their lover. In such a case, the court may compensate the other spouse by adjusting the division of assets accordingly.
Cheating may also become a factor in custody cases if it directly affects the children’s well-being. For example, if the parent prioritizes their affair over parenting responsibilities and neglects the child’s needs or exposes the child to an unhealthy or disruptive environment, such behavior can work against them during custody proceedings.
Managing the emotional toll
The emotional toll of an affair can lead to feelings of betrayal, hurt and anger can complicate negotiations. It can make it harder to come to fair agreements on important issues like asset division and custody.
In such situations, it’s crucial to stay level-headed. Focus on practical, legal outcomes rather than emotional responses to the affair; it can help avoid clouding your judgment. Learning more about how the law works and seeking qualified guidance can help you stay grounded and focused toward a fair divorce settlement.