What Is the Impact of Infidelity on Divorce?

According to Psychology Today, infidelity plays a primary role in many divorces, and this likely comes as no surprise. The fact is that marriage is a partnership that requires teamwork, commitment, and faith in the other person, and a betrayal of the magnitude of infidelity is more than many marriages can withstand. The fact of infidelity can complicate the divorce itself by adding emotional pain to the process, but an experienced California divorce attorney is standing by to help.

No-Fault Divorce 

In California, all divorces are no-fault divorces, which means they are based on what amounts to irreconcilable differences rather than on either spouse’s fault in the matter. As such, anyone who wants a divorce can obtain one – without having to prove their spouse’s wrongdoing. This means that infidelity no longer plays as critical a role as it did when the state’s focus was on fault in relation to divorce.

Child Custody

When California courts are called upon to make decisions about child custody, they are always moved by the children’s best interests. If your spouse’s new partner in some way calls their fitness as a parent into question, it could affect your child custody arrangements. For example, if the person your soon-to-be ex is having a relationship with has a criminal record that could put your children at risk, the court will take the matter into consideration.

The Division of Marital Property

Because California is a no-fault state, your spouse’s infidelity is unlikely to affect the division of your marital property unless you have addressed the matter in a valid prenuptial or postnuptial agreement. If you directly addressed the effect that infidelity will have on the division of your assets in your prenuptial agreement, the court may uphold the mutually agreed upon terms. 

The Emotional Repercussions

The emotional repercussions of infidelity, however, can play a very significant role in the outcome of your divorce. Consider the following: A betrayal of the magnitude of infidelity can leave you less inclined to mediate fair terms. Mediation is about putting aside your differences in pursuit of a mutually beneficial compromise, but infidelity or the effects of infidelity can harm the trust needed for fair negotiations.

It is important to recognize the pain infidelity may have caused in the relationship, and seek the help you need to recover emotionally – without allowing your negative feelings to take over the divorce process, which can jeopardize your own rights. 

Make the Call to an Experienced California Divorce Attorney Today

The compassionate divorce attorneys at Miranda, Magden & Miranda, LLP – serving both the Monterey and Salinas areas – understand how difficult divorces involving infidelity tend to be and are here to help. For more information, please don’t put off contacting us today.