Divorcing an Unfaithful or Cheating Spouse

Pleasanton CA divorce attorneyDivorce is almost always a painful process, especially when infidelity or cheating is involved. This often leads to conflicting emotions and a lot of anger or resentment from one or both parties. Unfortunately, this can serve as a double-edged sword in court because even though such strong emotions are involved, it is important that you try to present yourself as composed and amicable in courtroom hearings, mediation, and other family law proceedings.

Today’s post covers a few points that you need to know if you’re divorcing a cheating spouse. Call us directly at the Law Offices of James P. White to connect with our attorneys directly for specific advice. With that said, lets dive into the first topic: does infidelity impact the outcome of your divorce?

How Infidelity Impacts Divorce Outcomes

California is a no-fault state when it comes to divorce. This means that divorces are allowed based on irreconcilable differences regardless of who may or may not be at fault. However, this does not mean that infidelity or other forms of misconduct are simply ignored during divorce proceedings. 

Things such as child custody outcomes, spousal support, asset division, and other divorce outcomes can be impacted by the misconduct of one spouse. If one person can demonstrate that his/her spouse acted in bad faith, this can be used to push for different outcomes. 

For example, a cheating spouse could prove to be reckless or a danger to their child if their poor decision making impacts their ability to care for the child. Likewise, it’s possible he/she squandered family assets or hid money in order to fund the cheating activities, which can certainly play a role during asset division. 

What To Tell the Kids About Your Cheating Spouse?

This is ultimately up to you and is a highly personal decision, but there are a few things to remember. For one, disparaging the ex can be used against you, as this is something that the family law courts take into consideration. Any negative comments from one parent about another have the potential to impact divorce outcomes. 

One question to ask yourself is: what am I trying to achieve by making this statement or sharing this info? This can help get you on the right track as to how you want to approach this sensitive matter. In addition, you can consult with a family law attorney for professional advice on how to best approach this, as well as other issues involving your upcoming divorce.