8 April 2013 0 Comments

Divorce & Adultery

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California led the way in no-fault divorce laws, where a spouse can get a divorce without showing any fault of the other spouse. Nonetheless, showing fault may help one spouse win custody of the children, greater alimony, and a greater share of the marital property.  This is why you need to discuss any potential areas of fault with your attorney, whether you wish to raise the issue or defend against it.

One traditional area of fault that could affect the outcome of a divorce case is adultery.  The degree of importance placed on adultery varies from state to state, judge to judge, and from case to case.  Some states tend to hold a more traditional view of marriage and give greater weight to adultery, while others place less importance on fidelity within the marriage.

In California, adultery does not necessarily amount to a game-changer unless the adulterous relationship irreparably affected certain aspects of the marriage.  For instance, if a wandering husband used marital assets to support his mistress, then the wife may be able to win a greater share of the marital property.  Likewise, if the husband openly cavorted with his mistress in front of the children, that fact may weigh substantially on the court’s award of custody and visitation to the wife.

Perhaps the most delicate subject in a case where adultery has occurred is a claim that an unfaithful spouse brought a sexually transmitted disease into the marriage.  Such a claim can give the victim spouse a substantial advantage, but proving the issue in court may be more than the victim bargained for.

If adultery is likely to be a factor in your divorce case, seek the help of an experienced divorce lawyer as early as possible.  A good attorney will help you build the foundation and strategy you need to raise or defend an adultery claim at trial, and achieve the best possible outcome for you.

The Law Office of Holstrom, Sissung, Marks & Anderson can assist you in proving or defending an adultery claim in your divorce proceedings in California.  Our law office is known for her aggressive representation of clients in high conflict cases in and around the San Bernardino and Orange County areas.  If you are a spouse facing divorce, call us today to learn more about how we can help you.

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