Adultery and divorce in Southern California

Adultery and divorce in Southern CaliforniaWhen you find out that your spouse has cheated on you, your whole world turns upside down.

You pledged your whole life to this person, and now you’re finding out that they betrayed your trust. What do you do next? Do you stay in the marriage, or do you leave?

Sometimes you aren’t the one who gets to decide whether to stay or go. You might want to try to make your marriage work, but your spouse wants to leave. Or maybe neither one of you knows what you want to do yet. Regardless of what your situation is, you can talk to a divorce attorney to prepare yourself for a worst-case scenario.

Should I talk to an attorney?

Whatever their reasons for being dissatisfied with their marriage, many people come talk to a divorce attorney long before they decide to actually file for divorce. And some people, after thinking it over, decide not to ask for a divorced at all.

Whenever you find yourself in an unfamiliar situation, it’s always good to talk things over with someone who understands what you are facing. When you meet with a dedicated family law attorney at Kendall Gkikas & Mitchell, LLP, you’ll learn what your options are and how the divorce process works. You’ll leave feeling confident that if the time comes, you will at least have an idea of where to begin.

When you’re weighing your options, be sure to get good advice from the start. You might have a friend or relative who is a top-ranked attorney in their own field, but family law is its own world. In addition, every state’s laws are different from the rest. Be sure to meet with an experienced Southern California attorney who is dedicated to family law, like the seasoned pros at Kendall Gkikas & Mitchell, LLP.

What does an affair mean for California divorce?

California is a no-fault divorce state, which means that you don’t have to state a reason for wanting to get a divorce. You don’t have to justify it or prove anything, you just have to state that the marriage isn’t working due to irreconcilable differences.

This means that alimony (spousal support) isn’t affected by whether a spouse was unfaithful. The purpose of alimony is to make sure that a partner who was financially dependent on the other doesn’t become destitute after the divorce. Judges are required to consider certain financial factors when determining spousal support. Alimony isn’t meant to be a way to punish someone by withholding or requiring more money.

Can I stop the divorce from happening so that we can try to make it work?

Even if you feel strongly that you want to work things out with your spouse, sadly, your partner might not feel the same way. Of course, if both parties agree to reconcile, the process can be halted. Although California has a six-month mandatory waiting period, that doesn’t mean that the divorce will be automatically granted when the time is up. However, if you intentionally drag out the process, you could be responsible for paying your spouse’s attorney fees and costs associated with the delays.

Don’t hesitate to ask us questions!

If you’ve discovered that your husband or wife has cheated, come talk with a knowledgeable Southern California family law attorney at Kendall Gkikas & Mitchell, LLP.  We’ll help answer your questions so that you can make an informed decision about your next steps. Contact our office today to make an appointment by calling 909-482-1422 or emailing info@parents4children.com.