The end of a long-term relationship is rarely easy or simple, but it can become much more complicated and difficult if one partner has committed adultery. In these types of divorce cases, the other spouse will likely feel wronged, and they may believe that because their partner’s actions led to the breakdown of their marriage, decisions should be made in their own favor. However, it is important to understand the actual role that infidelity may play in the legal process of divorce and how it may affect the decisions that are made.

Infidelity and the Legal Aspects of Divorce

During the divorce process, both spouses are treated equally, and in most cases, the reasons for the end of the marriage will not play a role in the decisions made. Spouses should be aware of how infidelity may be addressed when handling the following issues:

• The divorce petition - California is a “no-fault” divorce state, and when one spouse files for divorce, the only “grounds” that may be stated for ending the marriage are “irreconcilable differences” or a permanent inability by one spouse to make decisions due to a mental or physical disability. In the vast majority of cases, a divorce will occur because of irreconcilable differences, and rather than blaming one spouse for the end of the marriage, a divorce petition will simply state that the marriage has broken down beyond repair.

  ...