California is considered to be a “no fault” state. This means that the court does not look to place blame on either party for the breakup of the marriage. In practical terms, it means that infidelity has little relevance to a dissolution case. The main reason it becomes an issue in a divorce case is when the spouse has spent community funds to wine and dine someone they are having an extra-marital affair with.
The fact that a person is involved with someone other than their spouse is not itself alone a reason to deny custody and visitation. In some cases, it could be used to show a lack of judgment or lack of concern for the best interests of the children.
For further information regarding "no fault divorces" please contact the divorce lawyers for Irvine California at 714-971-8000. Call today for a free consultation!