How does adultery affect divorce in California? California is a No-Fault Divorce State
Usually, infidelity does NOT impact property division (unless the cheating spouse wasted marital assets on the affair), spousal support, or child custody, with limited exceptions. In by far the majority of cases, cheating will not affect child custody.
What is the law on adultery in California? Many states have made adultery illegal, and their criminal laws contain definitions of adultery. California has not made adultery a criminal act, so there’s no official state definition of adultery.
Can I sue my husband for adultery in California? Moreover, California does not have a criminal statute against adultery. This means you typically cannot sue someone for having an affair with your husband.
How do you prove adultery in California? Proving Adultery in California
However, courts and lawyers typically agree that adultery is defined as “sexual intercourse committed with a non-spouse by a married person.” Generally, proving adultery requires showing that the alleged adulterous spouse had both the opportunity and the disposition to commit adultery.