Divorce is a difficult process no matter what, but when infidelity is a factor in the dissolution of marriage the process can becomes even more complicated. For those who stray in marriages, it is important to be aware that the issue may have consequences in the legal proceeding. However the effect is often less than what some assume. In certain circumstances your wallet may suffer from the legal ramifications of a failed marriage due to infidelity. But in many cases the adultery itself may not affect many issues related to property distribution, spousal support, or child support. Our Santa Rosa divorce attorneys can provide the necessary information to understand your specific legal rights when going through a divorce when infidelity is an issue.
California is a “no-fault” divorce state. That means that the only two grounds for marriage dissolution are (1) irreconcilable differences and (2) incurable insanity. The insanity grounds are quite technical, and the vast majority of divorces are filed on grounds of irreconcilable differences. However, that does not necessarily mean that adultery has no effect on divorce.
Most are aware of the high-profile Hollywood divorces that usual come with the stock claim that the couple is splitting due to irreconcilable differences. For example, The Huffington Post reports that infidelity may have been a factor in the breakdown of the infamous 72-day marriage of Kim Kardashian and Kris Humphries. Kardashian and Humphries wed last year in a lavish ceremony in California. However, the fairytale was short-lived as Kardashian filed for divorce just over two months after the wedding. The reason for the failed marriage has not been explicitly stated. However, recent reports have suggested that Kardashian was cheating on Humphries during their marriage.
There are many different ways that this might play out in a divorce. More than anything it may affect the negotiation process between the parties. Beyond that, Kardashian may be faced with the obligation of paying Humphries a certain sum of money if during their marriage, she spent any money on her other partner. Our Santa Rosa divorce lawyers know that under California law Humphries would be legally entitled to have the marital estate reimbursed money if it can be proven that Kardashian did in fact spend any money on her other partner.
Beyond the potential for money spent on a paramour being reimbursed to the marital estate, there are not many other issues where infidelity plays a key role. Spousal support cannot be granted simply because of adultery because that would be akin to a punishment (which is not a part of marriage dissolution). Similarly, adultery rarely affects child custody issues. The only way the infidelity would play a role is if it can be shown that the actions somehow directly interfered with the best interests of a child.
At the end of the day our Santa Rosa divorce attorneys appreciate that each divorce situation is different. Family law issues have changed substantially over the last few decades, and that includes the effect of issues like infidelity in a divorce. Whatever the case may be in your situation, it is important to ensure that you have experienced family law professionals on your side throughout the process. If you are in our area, be sure to contact our California divorce lawyers to see how we can help protect your interests.
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The Beck law firm is based in Santa Rosa, California, but we are able to serve clients throughout the area including cities like Park, Sebastopol, Healdsburg, Sonoma, Petaluma, Windsor, Glen Ellen, Bodega Bay, Ukiah, Willits, Kenwood , Clearlake, Lakeport, Kelseyville and throughout Sonoma County, Mendocino County and Lake County.