Infidelity in a marital union is among the most painful breaches of trust that spouses can experience. It forces individuals to confront difficult questions about loyalty, respect and whether the relationship can survive.
For those in California, the state’s unique divorce laws might influence the decision-making process. Whether a spouse chooses forgiveness or divorce, understanding the legal implications can provide clarity during this challenging time.
Divorce law in the Golden State and cheating
The Golden State follows a no-fault approach when it comes to divorce. This means spouses aren’t required to prove wrongdoing to file for divorce. The primary grounds for divorce in California is a couple having irreconcilable differences.
Couples can also divorce due to the permanent inability of one spouse to make decisions (legal incapacity). Essentially, the court does not weigh the reasons behind the marriage’s breakdown when deciding to grant a divorce. In practical terms, this means that cheating does not directly affect:
- The division of property
- Spousal support
- Custody arrangements
The state’s divorce laws aim to keep the process equitable and focused on the legal dissolution of the marriage rather than assigning blame. However, cheating might indirectly influence divorce outcomes in specific situations.
For example, if a partner used marital assets to fund an affair, the court may consider this marital waste. The wronged spouse could pursue reimbursement if they can prove that the cheating spouse used marital funds to finance:
- Gifts
- Vacations
- Hotels
Additionally, while infidelity does not affect custody decisions, its impact on the family dynamic might be taken into account. All it takes is evidence that proves the cheating spouse’s actions harmed the children.
Forgiving a cheating spouse might be possible if both partners are willing to rebuild trust. However, if infidelity persists, divorce may be a necessary step toward reclaiming self-worth. The Golden State’s no-fault divorce laws protect spouses from the challenge of proving wrongdoing in court. Regardless of the path a spouse chooses, seeking legal guidance can help in overcoming any challenges.