San Diego Divorce Attorneys Blog
Does Infidelity Affect a California Divorce?
Infidelity is often one of the most emotionally driven issues in a marriage, and it often results in divorce. However, in California, the legal impact of infidelity on the divorce process may be less important than people believe. California is a no-fault divorce state, which means that the courts do not consider fault—such as adultery—when determining the majority of divorce issues.
Nonetheless, some aspects of adultery can have an impact on the divorce process, particularly in areas such as property division, child custody, and the emotional aspects of the case.
Working through the challenging decision to start a divorce process can feel overwhelming. With so many details and considerations to navigate and prioritize, it can seem daunting to approach the realities of legal divorce. Many individuals hope to get the divorce process over and completed in a short timeline so they can start over and move on. While this is completely understandable, there are several factors out of an individual’s control when it comes to a divorce timeline.
Prenuptial agreements have a reputation for being exclusively useful for high-net-worth individuals and not of use or importance for “regular” couples, but this is not true. Taking time to identify the financial responsibilities and decisions within a marriage can ensure clear communication defining responsibilities, which often preserves the relationship from the financial stress of unaddressed matters.
California has been a trailblazer when it comes to recognizing same-sex couple rights, including same-sex marriage, which became legal in 2015. Despite the 10-year anniversary of the legalization of same-sex marriage, same-sex divorce is still met with challenges and must be handled with care, as it can often be a delicate legal issue for some couples.
