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DOES INFIDELITY OR ADULTERY PLAY INTO A DIVORCE?

The simple answer to this question is no.  In California, we are in a no fault jurisdiction where it is not important which party is at fault in a divorce.  An unfaithful spouse is entitled to the same basic rights as a faithful spouse.


However, in narrow circumstances, sometimes infidelity can affect custody issues if it can be shown that the infidelity occurred in front of the child or exposed the child to danger.


It is also possible that money misappropriated from the community of the marriage to further the affair (for instance, money gone to pay for a lover’s apartment) can be an issue in a divorce proceeding. But, generally, infidelity is not an issue in a divorce proceeding.

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