Does Adultery Affect the Divorce Process?

According to an article from the Associated Press, nearly 1 in 5 divorces stem from adultery. Adultery can be incredibly contentious in a marriage, and it is no surprise that it can leave spouses feeling angry, hurt, and frustrated. Many people assume that a spouse who committed adultery will be “punished” by the courts – that is, given unfavorable alimony and property division arrangements. However, this is not supported by the truth.

If you or someone you love is considering filing for divorce because of a cheating spouse, the San Jose divorce attorneys at the Law Office of Daniel Jensen, P.C. may be able to help. Please contact us today by calling 408-296-4100 to learn more about what we may be able to do for you.

Adultery and Divorce

Contrary to a common belief held by many people, spouses who have committed adultery are not considered responsible for the divorce, and are not “punished” in any way. Under California law, property division in divorce procedures must be equal, regardless of the circumstances.

California is not an “at-fault” divorce state, meaning that spouses are not assigned fault during a divorce. Only New York State still has at-fault status, and even there it is rare for divorcing spouses to be given punitive arrangements.

Contact Us

If you or someone you love is considering filing for a divorce, the San Jose divorce attorneys at the Law Office of Daniel Jensen, P.C. may be able to help. Contact us today by calling 408-296-4100.