How Adultery Affects San Jose Divorce Proceedings
Discovering that a spouse has been unfaithful is devastating and can become the breaking point that ends the marriage. If you are considering divorce after infidelity in San Jose, you likely have questions about how your spouse’s affair will affect the outcome of your case.
Our experienced San Jose divorce lawyer provides caring support and fierce legal representation to clients in these cases. Find out how adultery impacts your rights in the Santa Clara County Family Court and the evidence needed to substantiate your claims.
How Your Partner’s Infidelity Impacts Your Rights in a San Jose Divorce
California is a no-fault divorce state, which means you don’t need to prove wrongdoing to obtain a divorce in San Jose. Under California Family Code Section 2310, the only grounds recognized by the court are irreconcilable differences or permanent legal incapacity.
A Santa Clara County Family Court judge will not consider adultery when deciding whether to grant the divorce itself. However, your spouse’s infidelity may affect proceedings in the following ways:
- Gifts, trips, or other joint expenditures made on behalf of an affair partner may be subject to reimbursement to the other spouse.
- A spouse who wasted marital assets on an affair may receive a smaller share in terms of property division.
- If your partner exposed your child to the affair, it could be a factor in custody proceedings.
Infidelity can have major impacts on your spouse in a San Jose divorce. However, you’ll need evidence of their behavior and of how marital funds were spent.
Cheating Spouse? Evidence Needed in a San Jose Divorce
Your spouse’s infidelity can jeopardize their rights in the Santa Clara County Family Court and may entitle you to a better settlement. However, you’ll need evidence to substantiate that they not only engaged in adultery, but also used marital funds for it. This may include:
- Text messages, emails, or other communications documenting the affair and connecting specific expenditures to it.
- Bank and credit card statements that reveal unusual or unexplained expenditures during the affair.
- Hotel receipts, travel records, and any gifts purchased for the person they cheated on you with.
- Social media activity that documents the relationship.
- A forensic accountant’s analysis tracing the movement of marital assets over the relevant time period.
The bottom line is that if your spouse is guilty of infidelity and spent marital funds on it, it can impact property division. If your child was exposed to the affair or suffered adverse consequences as a result, gather evidence documenting this as well, as it could impact their rights when it comes to negotiating custody and time-sharing arrangements.
Contact Our Experienced San Jose Divorce Lawyer Today
Finding out your spouse engaged in infidelity can be devastating. At Argyris Mah, LLP, we provide the caring support and trusted, experienced legal representation you need to hold them accountable and get what you are entitled to in court.
Our experienced San Jose divorce lawyer explains your options, helps in gathering evidence, and fights for the maximum amount you are entitled to in a settlement. To request a consultation, contact our office today.
Source:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=2310.&lawCode=FAM
