Infidelity & Divorce in California

Infidelity & Divorce in California

Does infidelity have an effect on the outcome or the proceedings in your divorce case? After discovering that your spouse has been unfaithful, it now comes the time to make the right decision for your happiness as well as your future. The trust has been broken in your relationship, and it may have come to the point where you must end the relationship as well as the bond between the two of you.

The courts will grant divorces for any reason. You only need to show that you no longer wish to be married to your spouse. In turn, this means that the courts do not use the fact that either spouse was unfaithful to grant a divorce one way or the other.

A “No-Fault” Divorce state

In the past, California courts would not grant divorces unless there were valid grounds. Now, however, couples may divorce under the premise that neither would like to continue being married to the other. Couples would cite “irreconcilable differences” in the court petition.

There are the two grounds necessary to file for a divorce in California:

  • Irreconcilable differences
  • Incurable insanity

California is a “no-fault” divorce state, which means that you do not have to require that one or the other spouse did something “wrong.” Infidelity holds no bearing when it comes to deciding on matters such as money, debts, and property and asset division.

How Does Infidelity Affect My Family?

Infidelity affects matters such as child support and child custody the most. Understandably, this is an emotional time for all families. One spouse feels angry, hurt, and humiliated, not to mention burdened by the stress of figuring out what the next steps are.

Children, in particular, are vulnerable. How will they react to the news? How will the courts decide on custody issues and child support? The courts always base decisions on what would be in the child’s best interests. That means a judge will evaluate the child’s relationship with each parent, and a spouse may think twice about an unfaithful spouse’s ability to parent the child.

As a Westlake Village divorce attorney, I founded my firm, the Law Offices of Michael S. Graff, on the basis of finding effective legal solutions for clients who are going through a divorce. I know that this is a difficult time, and that is why I can help you work through it and take some of the burden off of your shoulders.


Client satisfaction is my top priority. Contact me today and let’s discuss your case together.


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