California Law on Cheating If You're Legally Separated
USINFO | 2013-07-31 11:28

It is a question of one's moral values if you are legally separated and are involved in a relationship with another person other than your spouse. However, individuals also need to take in consideration the legal ramifications of infidelity when legally separated. How infidelity will impact a pending outcome of divorce depends on the state's laws. In the state of California, infidelity during legal separation has very little consequence on divorce outcomes.

No-Fault Divorce
• In California, whether a spouse was unfaithful during the marriage or during legal separation holds no bearing on who is at fault for the divorce. California is considered a no-fault divorce state, which means that neither spouse can sue the other for adultery. Couples can petition for divorce on grounds of irreconcilable differences or proving one's spouse in incurably mentally unstable.

Cheating and Alimony
• A spouse cheating during a marriage or legal separation does not affect the amount of alimony or spousal support a person receives. Spousal support is derived by the income of the two individuals, their standard of living and whether one spouse needs support while becoming educated or going through career training. If the spouse receiving support decides to cohabitate with another individual or remarry, support can end.

Cheating, Child Suport and Custody
• Cheating during a legal separation also has no bearing on child custody or visitation agreements. Even though the offended spouse may have just reason not to want the children to be around the cheating spouse and his new partner, the courts feel that it is in the best interest of the children to have time with both parents. Cheating does not affect the amount of child support the spouse may receive. Child support is determined by income, time spent with both parents and the number of children in the family.

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