Getting divorced can be an emotional and indecisive time for you, especially if infidelity is involved. To many, infidelity is the ultimate betrayal in a relationship, and it can often lead to a divorce. With a divorce comes many new factors you may not have considered, such as alimony. You may be wondering: Can you get alimony if you cheated in California? Since divorces can get quite complex in California, you should consider speaking with a divorce lawyer for answers.
Can You Get Alimony If You Cheated in California?
Yes, you can still receive alimony if you cheated in California. California is a no-fault divorce state, which means you don’t need to establish any kind of cause before filing for a divorce. Infidelity should not be a deciding factor when it comes to a judge’s decision on alimony. However, if it is discovered that the infidelity in question directly caused financial harm or stress to the other spouse, there is a strong chance that alimony will be affected.
Alimony is awarded in California divorces when it is clear that one spouse is going to have their quality of life greatly impacted by the divorce. In these cases, the higher-earning spouse is ordered to pay the lower-earning spouse a certain amount in monthly payments. Sometimes, this support is temporary, but it is often long-term. It may only end when the lower-earning spouse either gets remarried or dies.
No-Fault Divorce
In a no-fault divorce, you do not have to prove wrongdoing on anyone’s part in order to pursue a divorce. Important factors like infidelity, financial abuse, or abandonment are not supposed to come into play when the judge decides how to divide assets or award alimony. This is often done to prevent lengthy legal battles and allow the spouses to move forward with the end of their marriage. The process is less about assigning blame and more about reaching a settlement.
No-fault divorces are often settled during mediation or in a collaborative effort between both partners. They may never see the inside of a courtroom. There are two main legal reasons that you can file for divorce. While you don’t need to establish cause, you do still need to establish grounds. Those reasons are irreconcilable differences and legal insanity.
Getting Divorced in California
The California divorce process can be fairly swift since you don’t need to prove cause in order to get your divorce. With the help of a good divorce lawyer, you can move forward with the process without missing any crucial deadlines or filing the wrong paperwork. Here are some of the important steps in a California divorce:
- Get a Lawyer: When you decide to get divorced in California, the first thing you should do is talk to an experienced lawyer. They can guide you through the entire process, provide you with sound advice, and help you protect your interests. It’s important to have someone in your corner who understands how the divorce process works.
- Residency Requirement: In order to move forward with your divorce, you need to make sure that either you or your spouse meets the necessary residency requirements. You or your spouse must have lived in California for at least six months prior to filing, as well as your current county for at least three months.
- File and Serve: You will need to pay a certain filing fee to file the paperwork. That fee is different depending on your county. From there, your spouse will be served the divorce papers once they have been filed. If your spouse refuses to accept the papers or participate in the settlement process, the court may proceed without them.
FAQs
Q: What Disqualifies You From Alimony in California?
A: There are many different factors that could disqualify you from receiving alimony in a California divorce. Infidelity is not usually one of those reasons, but it could be in some extreme cases. Some of the usual reasons for losing out on alimony include earning potential, deceptive misconduct, and cohabitation with a new partner. You can’t collect alimony if you are paid well, lie to the court, or are already in a new committed relationship. A judge may disqualify you.
Q: Do Cheaters Get Alimony in California?
A: Yes, cheaters can receive alimony payments in California. California is a no-fault divorce state, which means that the reason for the breakdown of your marriage is irrelevant when it comes to a legal divorce. Infidelity generally won’t impact alimony payments unless the cheating spouse’s actions have caused substantial financial issues in the marriage, such as using joint funds to pay for the affair.
Q: How Long Does a No-Fault Divorce Take in California?
A: There is no telling how long a no-fault divorce might take in California. Every divorce case is different, having its own details and specifics that impact how long it takes a divorce to settle. For a divorce to settle at all, both parties have to reach an agreement on asset division, child custody, and any other significant details. Otherwise, the court will decide these factors for them. A divorce takes as long as it needs to take to settle.
Q: What Happens If You Cheat on Your Spouse in California?
A: If you cheat on your spouse in California, there is a strong chance that it will lead to a divorce. In that divorce, your infidelity could negatively impact multiple factors in your divorce, such as alimony payments and child custody arrangements, depending on the nature of the infidelity and whether it led to financial hardship for your spouse.
Reach Out to a Divorce Lawyer Today
It can be emotionally devastating to deal with the fallout of a divorce on your own. You may want to consider hiring an experienced divorce lawyer who can help you figure out a path forward and work with you to ensure you aren’t taken advantage of. The last thing you want is to lose more than you expected.
The legal team at Khalaf Law Group understands the pain you may be going through, and we can offer our legal services to help you figure out a plan. Contact us to speak to a valued team member about your case.
