THIS LEADS TO EVERYONE’S BIGGEST QUESTION: ARE THERE ANY CONSEQUENCES TO ADULTERY?
We all know California is a “no-fault” state. (To read a full explanation on the “no-fault” system, go to my previous blog entry here.)
For specifics on divorce lawyers gosford visit that page
Does it affect child custody and visitation?
Cheating alone would probably not affect custody. Sad but true, we all know a couple of cheaters here and there that are still decent parents. Arguably, they cannot provide the moral background children deserve and need in this day and age…but neither does Grand Theft Auto and/or Facebook, and there are non-cheating parents that allow their children access to such!
Child custody and visitation is always determined strictly by the “best interests of the children”. It is PRESUMED that children benefit the most from “frequent and continuing contact” with both mother and father.
I personally believe there must be boundaries when introducing children to a new girlfriend/boyfriend. Children are incredibly sensitive and delicate, and the sincere damage to them in being improperly exposed to a new girlfriend/boyfriend is irreparable. Parents should take their personal feelings and emotions OUT of the equation. No matter how you feel about your spouse, it is NOT ok to expose your children.
THINK BEFORE YOU ACT.
Does it affect support?
It does NOT affect child support.
However, it CAN affeect spousal support. California Family Code section 4323 states, “There is a rebuttable presumption, affecting the burden of proof, of decreased need for spousal support if the supported party is cohabiting with a person of the opposite sex.”
Does it affect property division?
California is a community property state. All property (NOT inheritance or gift) acquired during the marriage, before the date of separation, is community property.
This means specifically, if the cheating spouse is spending his or her salary acquired during the marriage OUTSIDE the marriage on someone else, they are spending community property and should be required to reimburse the community, sometimes with added interest.
I once had a case where I represented the spouse being cheated on. The “cheater” spouse spend close to 200,000 on extravagant trips, Cartier jewelry, Louis Vuitton handbags, lingerie, and other sundries. My deposition of the mistress revealed several thousands of other property.
Interestingly enough, this former mistress (she has long since been replaced, several times over), felt sincere regret and apologized on record and became friends with my client; thereby liberally disclosing all the information I needed to secure settlement within the HOUR.
Moral of the story: Don’t cheat.