Did your spouse cheat on you? Has an affair caused a breakdown of your marriage? Whether you are filing for divorce or considering your options, it’s important to understand adultery laws in California. Once equipped with this knowledge, you can make informed decisions about your next steps.
Definition and Implications of Adultery in California
In California, adultery is defined as voluntary sexual intercourse by a married person with someone other than his or her spouse. In some states, it is possible to legally end a marriage based on a spouse’s adulterous acts. For example, in Louisiana, an individual must prove that their spouse committed adultery to establish “fault” for the breakdown of the marriage.
However, California is a no fault state. Further, the standard grounds for divorce in California are incurable insanity and irreconcilable differences. Therefore, adultery is not a valid legal ground for divorce in California. As a result, courts do not consider evidence of adultery when deciding whether to grant a divorce.
Does California Law Punish Spouses for Adultery?
There are no direct legal consequences of committing adultery in California. In other words, adultery is not punishable by law or as a tort in this state. However, military personnel in California may be court-martialed for committing adultery under Article 134 of the Uniform Code of Military Justice.
While the court will not punish a spouse for adultery in California, cheating spouses will likely suffer personal consequences. For example, family, friends, and colleagues may end relationships with the individual after discovering the affair. Additionally, a cheating individual may obtain a sexually transmitted disease and transfer it to their spouse. Then, damages resulting from an STD may be consolidated with a divorce settlement.
How Does Adultery Affect Divorce Judgments in California?
Adultery laws in California will not sway a judge in determining whether to grant a divorce. However, a judge can consider the financial impact a spouse’s adulterous acts has on the marital estate. For example, if the adulterous spouse spends any community property funds on their lover, they must reimburse the marital estate. Additionally, an adulterous spouse cohabitating with his or her new partner during the divorce, or anytime after, can directly impact spousal support.
Get Help With Adultery and Divorce Paperwork in California
Adultery and divorce is a stressful combination to handle. However, A People’s Choice can alleviate the pressure of dealing with the complicated legal process of terminating a marriage. Contact us for more information on how to file for divorce in California. We can help you prepare and file your marital dissolution for a fraction of what an attorney charges. Call 1-800-747-2780 to discuss your matter in confidence.
Ryan you can reach our office by calling 800-747-2780 Mon-Fri 8:30 am to 5 pm. Remember we are not attorneys and cannot give you legal advice.
I’ve been married for the last 15 years and I have 3 beautiful children with my husband. June 14, 2022 he went out and he never returned he changed his phone number cleaned out our bank accounts and hasn’t seen or spoken or helped me finacial at all for our 3 kids since he left. For me the hardest part was seeing our at the time 4 year old and 2 year old cope with this my oldest is 14 and even though it’s still hard for him he understands the situation occurring better then my toddlers. I found out recently he left and bought a house with his mistress. What can I do because after cleaning our bank account I had to move back into my mother’s house as I started drowning in debt to just keep our heads above water. My heart is just shattered from all this and I feel so betrayed. I need to file for divorce because I feel this will help me in my process to heal. Knowing he took my entire life savings and moved in with his mistress compounded with deserting his own children is just eating away at me. What rights do I have in filing for divorce?
Hello, You need to speak to an attorney to find out the best way protect yourself and to recover what was lost. A family law attorney would be best for child support and spousal support. If you were stolen from directly, a police report and a civil attorney consultation may be advisable.
Very helpful questions and comments
Ok my wife cheated on me last month she confessed to me but she wont tell me with who am i entitled to noe with who she cheatd kn me with
Nothing in simple divorce forms would allow such a thing. Any legal action to discover such thing would need to be discussed with an attorney.
My husband has already filed for divorce. And he has been cheating on me for over a year. Can I charge for adultry here in California
Hello Sunita, As California is a no fault state, adultery doesn’t usually affect the divorce process. Should you wish to file a response, please call the office on 800-747-2780 and a member of staff can assist.
If a wife cheats on her husband of seventeen years in California, which leads to divorce, will the husband still be responsible for alimony and equitable distribution of assets?
My wife cheated on her first husband and received no alimony and only a small distribution of assets from a piece of commercial real estate, as well as none from a large luxurious home. I feel there is much more to her divorce than she is letting on. as she basically received nothing in the divorce.
There are many variations on the them and considerations that a Court takes with regards to these issues. It would also depend upon how issues were settled, either by an Agreement between the parties themselves, or as a contested matter by the court.
Hi, I am married my husband,’s mistress keeps following us even when w moved away from the city that we live in. She also stole some of my stuff. Can I sue her.
I would talk to an attorney to see what your legal rights may he.
I left my lying controlling abusive husband in 2016. I am wanting a divorce the past three months and we live in California. Recently I found emails I took screen shots of, in his email box where he has solicited four plus more prostitutes that he wanted to “host” in my home where my children live. This isn’t normal cheating to me this is a crime in a sense. Would I be wise to bring this up in court for our divorce? In one email the prostitute is saying how good looking my husband is but it’s not him in the email photo it’s my 15 year old sons photo. He States he has no money to help me get off the street as I’ve been homeless since I left but he has money for hookers? Is that a big deal like I think it is?
I would get something filed with the courts asap and also a motion for payment of support. This does not sound like a healthy situation.
My wife lost my green card and passport when i told her i dont love her anymore due to some personal reasons and that i am in love with someone else. He doesnt allow me to go out of the house. Can she sue me for having an affair with other woman? Can you please help me. I am in california.
Adultery is not taken into consideration in California divorces, but if a person is spending community funds on that relationship, the court may require the spouse to reimburse the marital estate.Talk to a lawyer for a more in-depth discussion on this issue.
I decided to not sleep in the same house with my wife anymore after 8 years of marriage. But I am still paying rent, supporting our 3 children and stopping by to see our kids and take them out. I told her I was staying with another person and she decided to not let me see my 3 children anymore. Can she keep them away from untill we go to court?
There are certainly actions that you could take to protect your rights and get temporary visitation with your children if she is refusing to allow them to see you. Give us a call at 800-747-2780
In Calif. Can a wife sue alleged husband mistress for alienation of affection charging the woman who broke our marriage.?
I do not believe so since California bases divorce on irreconcilable differences. Talk to an attorney for legal advice.
Hi, my sister has been married to her husband for 30 years already. She found out that he has been cheating her with other men. She was devastated. He obtained a transmittal disease several times already and transferred to her. She is afraid to ask him for a divorce. He always apologizes and promises that he will no do cheat again, but he keeps on cheating with other men. almost every week. She doesn’t know what to do. Can she get any compensation for those 3 times that he gave her an STD disease and putting her health, even her life in danger.? would she be able to get spousal support if she is disabled?
Unfortunately because we are NOT attorneys, we are unable to answer these kinds of questions as answering them would be considered giving legal advice. Many attorneys in this area of law offer a free consultation so I would try talking advantage of that option.
I came to my husband with the option of legal separation and he agreed at first but soon got up and abandoned me with the rent with the name on the lease when he realized I was serious. He demanded that I take him off the lease. He took multiple items that was brought during the marriage. And won’t answer any of my attempts to reach out so we can get the divorce. Is any of this legal ?
Our office cannot advise you on the “legality” of your spouse’s actions. You may want to contact an attorney for legal advice.
My brother is very nice and honest person.he marry a divorce woman with one kid from over sea and when she got here he didn’t know what she plan to do with him until she get everything,like permanent resident,driving license, make him buy her a car,house,jewelry and she left him with another man this is in San Diego,ca but he just don’t know the law what to do when his wife as for a divorce and make him pay child support in this case can he file a lawsuit against her
Child support is only payable by the real father, not a stepfather (unless the child was adopted). If the child is not their child together there would not be an order for support. If he thinks his wife defrauded him, he may want to seek an annaulment on the basis of fraud. As far a lawsuit, he would need to talk to an attorney because that would typically be addressed in the family law case.
My gf is going through a divorce and I moved in with her. Custody has already been settled and they are still working on agreeing on child/spousal support (she will def be the one paying) can me living with her have an effect on custody and how much she would have to pay? She doesn’t spend money on me and I’m a normal guy with a squeaky clean record.
The income of a live-in boyfriend or even a new spouse is generally not included in calculations of support.
Hi, i am married and will divorce this year. My marriage last only 4 years. I purchase my home before getting married will i have to divide this property with my husband?
We do not give legal
I was married for 39years my husband abandoned me for the woman he was having affair with. I was the primary source of financial support for 25 years Is he entitled to half of the assets when he did not contribute financially equally to the marriage
If you live in California most likely that is the case. California is a community property state. Perhaps you can both come to an agreement that would be more favorable to you as compared to what a court might award. Contact us if you need help with your divorce paperwork.