Learning that your spouse has committed an unthinkable act is heartbreaking for any husband or wife to hear. Infidelity can not only ruin a marriage, but it can also ruin a family, hurting a lot of people along the way. After the act of infidelity, many spouses will decide that they can no longer remain married, and therefore will decide that a divorce is the best step for them to take. When filing for a divorce in the state of California because of infidelity, it is important to know that we are a “no fault state.” This means that in order for you to get a divorce, you are not required by law to prove to the court that your spouse cheated on you.
In the state of California, unlike some other states, infidelity really holds no legal grounds when deciding to file for a divorce. A person may end their marriage for whatever reason they want, and if it is infidelity, while it is unfortunate, they are not required to prove the act. While infidelity does not affect one’s ability to file for a divorce, it may play a role in how child custody works out. The parent not in the extra marital relationship may feel as though they do not want their child to be around their parent’s new partner and therefore decide that custody is best with them.
Ultimately, when dealing with a divorce and child custody comes into the picture, the court will determine what is best for the children based on the evidence that is laid before them. Another common concern with a parent whose spouse is in another relationship is the misappropriation of funds. If the spouse is spending extra family money on their extra relationship, this too is something that the court will consider when making a decision as to how fit a parent is to raise the children. Raising kids can be expensive, and if an affair is pulling away from other important payments, that can be very stressful for the rest of the family.
If you are considering filing for a divorce and desire to seek custody of the children, it is highly beneficial to have the help of an experienced family law and divorce attorney on your side. Going through a divorce can be a difficult time for both parents as well as the children, and with the help of an attorney hopefully at least the legal side of things will run a little more smoothly. Contact the law office of Claery & Hammond, LLPtoday for an attorney who is really and willing to help you fight for what you deserve in the divorce. We understand how hard this time may be and we want to help you. Call us today to discuss your case.