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Adultery Law in a California Divorce

Adultery is a very upsetting occurrence in a marriage.  In most cases, adultery signals the end of the marriage.  In some cases, it is the starting point to a discussion of the problems that lead to adultery and a repair of the issues.

However, most people feel that there should be a different set of laws for the ‘faithful spouse‘ vs the ‘unfaithful spouse‘.  They resent having to pay spousal support to an ‘unfaithful spouse‘.

Due to the fact that California is a ‘no fault’ state, adultery is not a factor in Divorce.  The California Divorce courts will finalize a Divorce when the issues are addressed to the court’s satisfaction.  Here are some of the possible issues that would need to be addressed:

  1. spousal support
  2. division of assets and debts
  3. child support
  4. child custody and visitation

There may be other issues depending on your particular case.  A Divorce in California can be finalized by agreement (which would, in most cases, avoid a court appearance) or, if the parties cannot agree on issues, by hearing(s) and/ or trial.  

Nevertheless, a spouse may pay spousal support to the spouse who committed adultery. The payment of spousal support is based on a number of factors some of which are length of marriage, differential of income and health of both parties.

If you have questions about adultery and Divorce, speak to one of our experienced California Divorce Lawyers at Legal Action Workshop.  Call  1-800-HELP-444 (1-800-435-7444) or visit our website www.LegalActionWorkshopLAW.com .

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