Divorce For Cheating
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FAQ
The act of cheating is a painful betrayal of trust, but for California divorce courts, the issue is usually irrelevant. California is a no-fault divorce state. This means that divorces in California are based on ?irreconcilable differences,? not on what a spouse did or didn't do.
Cheating has no bearing on division of assets unless you have an ironclad prenup. In a community property state, she would get half of the community property assets. If either or both could substantiate sole and separate property, that would remain with the owner.
Proving Adultery in a Divorce Case You must go beyond feelings and come up with hard proof that your spouse cheated or had an affair. Evidence could include documentation of the affair, like a photo of your spouse and their sexual partner together, or an admission by your spouse.
The answer is no. It is a common misconception that infidelity can ultimately allow one spouse to take more than an equal share of marital property. The hard truth is, if you go to court you will have to spend tens of thousands of dollars and up to two or more years before a judge hears your case.
Yes, continued cheating is perfectly acceptable grounds for divorce. A better question is whether you are better off with them or without them. Trust is the foundation upon which to build a good and long lasting marriage.
