Category Archives: Adultery

How Can Infidelity Impact My California Divorce?
Adultery, California Divorce, Child Custody, Child Support, Marriage, Property Division, Spousal Support

How Can Infidelity Impact My California Divorce?

Divorce is a challenging and emotional process, often complicated by underlying issues such as infidelity. In California, a no-fault divorce state, the term “no-fault” means that you do not have to prove wrongdoing to obtain a divorce. However, infidelity can still influence various aspects of the divorce proceedings.

Understanding how infidelity can impact your divorce is crucial, and working with an experienced family law attorney like Judy L. Burger can help navigate this complex terrain.

The Legal Landscape of Infidelity in California Divorce

California law is primarily grounded in no-fault principles, which means that you can file for divorce without attributing blame to your partner for the marriage breakdown.

The Superior Court of California, County of San Francisco, says, “California is a ‘no fault’ divorce state, you do not need to prove someone did something wrong. You just have to state that you cannot get along with the other party. Legally, this is called ‘irreconcilable differences.’”

However, even within a no-fault system, infidelity can have ramifications. While infidelity doesn’t directly affect division of property or spousal support according to California Family Code, it can impact other factors during the divorce process.

Impact on Community Property Division

In California, assets acquired during the marriage are typically considered community property, meaning they should be divided equally between both spouses. Infidelity alone does not change the classification of property from community to separate property. However, if the infidelity involved the squandering of marital assets—such as spending community funds on an extramarital affair—this might be taken into consideration.

The court could potentially award a reduced share of the community property to the spouse who wasted assets due to their infidelity. In essence, while infidelity itself isn’t a legally recognized reason for favoring one spouse over another in property division, the consequences of infidelity can have financial implications.

Spousal Support Considerations

In California, the court assesses several factors when determining spousal support (alimony), including the duration of the marriage, the standard of living during the marriage, and, to a lesser extent, the conduct of the parties. While infidelity does not automatically disqualify a spouse from receiving support, if one spouse’s infidelity is shown to have a direct impact on the couple’s financial situation—like leading to a significant decline in joint income—it could influence the court’s decisions.

Child Custody and Infidelity

When it comes to child custody arrangements, California courts prioritize the best interest of the child. Infidelity alone is not a factor that typically affects custody decisions. However, the behavior associated with infidelity (such as irresponsibility, commitment issues, or an unstable relationship) could be assessed under the lens of parental fitness. If the infidelity leads to instability in the home environment or negatively affects the children, it could influence custody arrangements.

How Judy L. Burger Can Help

Navigating the complexities of a divorce, particularly when infidelity is involved, can be overwhelming. As a Certified Family Law Specialist with extensive experience, Judy L. Burger provides clients with strategic legal guidance tailored to their unique circumstances.

Judy understands the nuances of California divorce law and can help you assess the potential impacts of infidelity on your case. Whether it’s preparing for negotiations, advocating for your rights in court, or ensuring you receive a fair share of marital assets, she offers the expertise needed for navigating such a sensitive matter.

FAQs: Infidelity in Divorce

Does infidelity automatically lead to a divorce in California?

No, California is a no-fault divorce state, meaning you can file for divorce without proving blame. Infidelity may be a reason for emotional distress but doesn’t automatically qualify as a legal ground for divorce.

Can infidelity affect the division of assets?

While infidelity itself doesn’t generally affect how assets are divided, if the cheating spouse wasted community funds on their affair, it could impact the asset division, potentially working against them.

Will infidelity impact spousal support?

Infidelity may not directly impact spousal support in California. However, if the infidelity contributed to financial instability, it could be a consideration in determining support arrangements.

How does infidelity affect child custody arrangements?

Infidelity alone typically does not affect custody arrangements. However, if the behavior linked to infidelity creates instability, it could impact the court’s view of parental fitness.

Can I use infidelity as leverage in negotiations?

While you cannot use infidelity as a legal basis for divorce in California, it can still be an emotional factor in negotiations. Having a competent attorney can help effectively navigate these discussions while focusing on your legal rights and interests.

A Certified CA Family Law Specialist Can Help with Complex Divorce

Infidelity can impact a divorce in various ways, but understanding how it plays into California’s no-fault divorce laws is crucial. If you’re facing a divorce situation where infidelity is involved, consulting with a skilled family law attorney, like Judy L. Burger, can provide clarity and guidance throughout the process. With the right support, you can navigate the complexities of divorce with confidence and ensure that your rights are protected. 

Do Movies About Divorce Get It Rightt
California Divorce, Adultery, Child Custody, Domestic Violence, Property Division

Do Movies About Divorce Get It Right?

Be aware that there are spoilers ahead if you have never seen the movies about divorce discussed in this article.

Mrs. Doubtfire – Stability Trumps Whimsy When It Comes to Child Custody and Visitation

This 1993 film starring the late Robin Williams focused on divorce, child custody, and visitation in a poignant yet comical way. As Daniel and Miranda Hillard’s marriage ended, Daniel’s whimsical behavior made him look like an unfit parent. He and his children had a great relationship, but the court granted custody to Miranda. After all, she had a good job and a stable home environment. The court also insisted Daniel clean up his act and limited his access to the kids.

Daniel’s response was to transform himself into an older female character – Mrs. Doubtfire – and get hired to be his own children’s nanny. He and the children became closer until his scheme fell apart, making him look even more unstable. Unlike many movies about divorce, this film ends on a high note. But did the movie makers get it right?

Child custody and visitation are significant points. It seemed the court tried to make decisions that were in the children’s best interests at all times. A stable home life is essential, and Daniel, at first, did not offer this. It made sense to give Miranda full custody and to limit Daniel’s visits. So, it appears that the court did get it right

However, the court may not have considered the children’s feelings on this matter. Although children are not always the best judge of character, Daniel’s kids were close to him and needed to see him. Daniel and Miranda worked out a compromise on visitation that the judge probably would have been approved if included in a California parenting plan.

Kramer vs. Kramer – When Home Away from Home Isn’t Home

This 1979 legal drama is about Ted and Joanna Kramer and their son, Billy. Joanna deserts Billy, leaving him Ted. Unfortunately, she had been Billy’s primary caregiver because of Ted’s high-stress, time-consumer job.

After being gone for more than a year, Joanna returns to divorce Ted and claim custody of Billy., despite Joanna’s abandonment, she won custody of her son.

Joanna prepares an apartment for Billy and then tearfully confesses to Ted that Billy’s true home is with Ted. We don’t see any courtroom scenes as the movie ends soon after, so it’s unsure whether Joanna officially yielded custody or not.

Courts in the 1970s still tended to favor mothers over fathers when it came to custody battles. Movies about divorce did, too. The court here seemed to ignore Joanna’s abandonment and Ted’s stepping up to be a good father to Billy. This may be partly due to something called the “tender years doctrine” that presumed moms should have custody of very young children.

In a California divorce, the courts make custody decisions based on many factors, including what is in the child’s best interests. Abandonment is a serious concern, especially when the child’s other parent is not unfit. A California judge faced with this situation today might have granted sole physical and legal custody to Ted. However, both parents may negotiate a parenting plan and present it to the court for approval.

The War of the Roses – Property Division Can Be a Thorny Issue

This dark comedy shares the story of Oliver and Barbara Rose. During their marriage, they had two children and became very wealthy due to Oliver’s legal career. Finally, though, Barbara confesses she no longer loves Oliver, and they decide to divorce.

The real problems begin when they start splitting up their property. The mansion that Barbara had found and filled with expensive possession became the main point of contention. Barbara kicks Oliver out of the house. Despite his attorney’s advice to compromise, Oliver returns to the home. As their conflict spirals out of control, the couple begins destroying their home, its contents, and eventually each other.

As movies about divorce go, this one captures how personal property division can become to divorcing couples. Sometimes it’s not about the actual property. Instead, personal feelings can get in the way, preventing much-needed compromise.

The best way Oliver and Barbara could have prevented the loss of property and life here would have been to heed the advice of their divorce attorney. Since California is a community property estate, shared assets and debts are split 50-50 with a few exceptions. Attorneys with property division experience could have used California law to help the Roses categorize their property and then amicably divide it.

Movies About Divorce Don’t Always Get It Right. Talk to a California Divorce Attorney About Your Divorce.

The attorneys at the Law Offices of Judy L. Burger are experienced at all phases of divorce, legal separation, and annulment. Call us at 415-293-8314 to schedule a private appointment or visit our website. We assist clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities.

Issues that Complicate Divorce
California Divorce, Adultery, Child Custody, Child Support, Property Division, Spousal Support

Issues that Complicate Divorce

Many people consider divorce one of the most stressful life events. But not all divorces carry the same levels of stress. Some couples agree on any significant issues, which makes the resolution of their case fairly simple. Other soon-to-be-ex-spouses have a more difficult path because of one or more of the following issues that complicate divorce.

Spouse-Related Concerns Can Be Problematic

The issues you had with your husband or wife don’t stop when you file for divorce. Some may directly impact how your divorce proceeds.

  • Adultery. You do not need grounds for divorce in California. So, your final order or settlement might not be affected except for one thing: misuse of community funds. When one spouse uses marital property on a new love interest, courts might reimburse the innocent spouse in the form of a larger portion of the remaining marital funds.
  • Revenge. Some people complicate divorce by trying to take revenge because their spouse deeply hurt them. Vengeful feelings can delay settlement negotiations.
  • Pregnancy. This issue can complicate divorce because of questions about paternity. If the husband doubts the child is his, he might ask for paternity tests so the court can determine whether child support is appropriate.
  • Spousal Support. It is not easy to work out how much spousal support is due and how long it will be paid.

Married couples without children avoid some of the concerns that parents face.

Children Typically Complicate Divorce

It’s great when both parents love their children and want to care for them. But all that love can get lost in the shuffle of divorce papers.

  • Custody and Visitation. Before a judge can issue the final order, parents have to come up with a parenting plan. Custody can be contentious as couples navigate the four types of custody: sole physical, sole legal, joint physical, joint legal. They might use standard visitation schedules or personalize them to fit their child’s needs. However, working out children’s arrangements adds an extra layer of stress.
  • Child Support. Parents who do not have physical custody often pay monthly child support to the parent who does. Calculating the amount of support definitely can complicate divorce proceedings.

Fortunately, family court judges always try to make decisions that are in the best interests of the children.

Finances Are Often a Contested Issue

Money matters to most people. Whether a divorce is amicable or contentious, spouses generally want to get what they deserve from the marital estate. Unfortunately, some issues complicate divorce to the point that settlement might be several years down the road.

  • Muddled Property Classification. Couples might have separate property, which they retain, or community property (which is split between the parties). However, it is not always easy to decide whether property is separate or community. For example, disagreements arise when one party brings substantial assets into the marriage but fails to keep them separate. Sometimes property is partially separate and partially community. It might take experts to untangle complications like these.
  • High-Net-Worth. Having more property means there’s more property to classify and divide. Again, the parties might need a financial expert’s careful analysis.
  • Business Assets. Some property is easier to appraise than others. Determining the value of a business is typically difficult and can quickly complicate divorce.

Divorce can be difficult, but you don’t have to go it alone.

When Issues Complicate Divorce, You Need Experienced Legal Counsel

Talk to a qualified California divorce attorney today. Please call us at (415) 293-8314 to schedule a confidential appointment with one of our attorneys.

Please call us at 415-293-8314 to discuss your case. The attorneys at the Law Offices of Judy L. Burger assist clients with divorce matters in San Francisco, Beverly Hills, Marin County, Santa Barbara, Ventura/Oxnard, San Diego, San Jose, Gold River (Sacramento), and surrounding communities.

How Adultery Affects Your Divorce
Adultery, California Divorce

How Adultery Affects Your Divorce

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Adultery often leads to divorce. Whether you were the straying or non-straying partner, infidelity may still affect your divorce in ways you did not intend.

The No-Fault Divorce.

For years, someone who was stuck in an unhappy marriage had to state grounds for getting a divorce. Abuse, desertion, and adultery were commonly cited by a party when filing divorce papers. The divorce petitioner may have had to provide proof to back up their reasons for ending the marriage.

Now, no-fault divorce is available in California. A petitioner filing for a no-fault divorce doesn’t have to say who was at fault or what happened. You just have to say you want to end the marriage.

It’s Not Illegal, but There May Be Consequences.

Adultery is not against the law, so you won’t be arrested for having an affair. However, straying from the marriage can make things difficult for the adulterous spouse:

  • Alimony and Spousal Support. A court may consider a party’s adultery while determining alimony and spousal support. The amount of support ordered won’t be based on morality, but instead on how the adultery may have affected the innocent spouse’s financial wellbeing.
  • Custody. Adultery typically has more of an immediate effect on a person’s relationship with their spouse than their relationship with their children. Still, the strain on the marital relationship will cause discomfort for everyone involved. However, courts typically only consider the infidelity’s effect if children are being put in danger by the affair.
  • Property Distribution. California is a community property state and community property is typically split 50-50. However, if one spouse uses community funds to pay for his or her infidelity, the other spouse may be entitled to restitution from the offending spouse’s share of the marital estate.
  • Negotiations. The adulterous spouse may feel ashamed or guilty. The injured spouse may feel angry and want revenge. Emotions can add an extra level of stress to delicate negotiations.

Learn More About the Effect of Adultery on Your Divorce.

Whether you’re the cheater or the person being cheated on, infidelity will affect your divorce. The attorneys at the Law Offices of Judy L. Burger are highly experienced with all divorce issues. Call us at 415-293-8314 to schedule a private appointment or visit our website. We maintain offices in San Francisco, Marin County, Santa Barbara, Ventura/Oxnard, San Jose, Gold River (Sacramento), Roseville, and surrounding communities.
Adultery, California Divorce

How Will a California Court View Adultery In My Divorce Case?

Adultery and Divorce in California
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 Offices of Judy L. Burger can assist you in proving or defending an adultery claim in your divorce proceedings in California.  Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the Sacramento and San Francisco Bay areas.  If you are a spouse facing divorce, call us today to learn more about how we can help you.  Call (916)631-1935 in the Sacramento area, or (415)293-8314 in the San Francisco Bay area, or contact us online via our confidential inquiry form.