Divorce and Adultery

While adultery is widely consider immoral – and in some states is even illegal – it remains a common problem. When a spouse is found to be adulterous, it usually greatly strains the marriage and, in many cases, leads to a divorce. In divorce cases involving adultery, the innocent spouse can sometimes gain a larger portion of the married couple’s assets, as well as custody of children.

If you are going through a divorce and past adultery is a factor, call the San Diego divorce lawyers at Fischer & Van Thiel, LLP at 760-722-7646 to learn more about your rights and entitlements in the divorce proceedings.

No-Fault Divorces and Adultery

Even though California adopted a no-fault divorce policy in 1969, which only allows married couples to divorce on the grounds of “irreconcilable differences,” adultery can play a big role in the divorce settlement.

In order to prove adultery, you may be required to produce evidence showing your spouse’s infidelity. This includes eyewitnesses, which may be difficult to come by. More commonly, the case will be built on circumstantial evidence, which may be things such as love letters or travel records that prove the inclination and chance to commit adultery.

When your spouse has been unfaithful, you may receive a larger portion of your assets in the divorce settlement if you did not sign a pre- or post-nuptial agreement. You may also be entitled to a larger alimony if you are entitled to receive alimony. Additionally, you may be more likely to receive child custody.

Contact Us

Adultery is a common cause of divorce. If you are going through a divorce because of an unfaithful spouse, or trying to defend yourself from accusations of adultery, you should contact the San Diego divorce lawyers of Fischer & Van Thiel, LLP at 760-722-7646 for help in building your divorce case.

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San Diego Family Law Blog

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