First of all, readers may find themselves asking: if California is a no-fault divorce state, why should it matter at all if infidelity occurred before a divorce? We are a almost a century past naming a co-respondent in a divorce case, aren’t we?
That is correct – the laws have evolved such that there is no legal need to name or place blame on anyone when two parties divorce, at least in California. In fact, playing a blame game can add a lot of time and expense to the divorce process. And that is something a California family court judge may not wish to address. Plainly speaking, talking about infidelity in a divorce may not concern the court at all.
That being said, however, there is the very important consideration of children in a divorce, and with regards to child custody, the court may very well take into account a divorcing party’s love life, so to speak. For example, the court may not warm to the idea of children becoming involved with a parent’s “new” (post-divorce) boyfriend or girlfriend while those children are still processing the emotional aspects of their parents’ going separate ways. Moreover, the court may be averse to a divorcing spouse spending what they consider too much time with a special someone at the expense of family/child time. Conclusion: these kind of issues may indeed come to bear in custody disputes during a divorce, and also affect changes in custody arrangements even after a divorce.
Human nature being what it is, people often act, and live, in the moment, not knowing or realizing the long-term impact of their actions. It is not always possible to do so, and not everything is somebody’s fault. But family law attorneys will often regard a party’s actions as factors that may be used in legal situations that can be adversarial.
Again, the content of this blog is intended not as legal advice, but only for information and/or discussion purposes. Should you have questions or concerns about how California family law may apply to you, you may wish to consult a knowledgeable family law attorney.
As Orange County’s premier family law specialists, the attorneys at Dinnebier & Demmerle can provide answers to your questions and concerns, clarify and establish your legal rights, and represent you in court. If you would like more information about divorce, child custody or any other aspect of California family law, please call to set up a consultation. We’re ready to move forward when you are! Just contact us in Tustin at 714-838-1099.