Going through a divorce can easily be one of the most difficult times of your life. It’s not easy to change your life so drastically, or go through the process of dividing up assets and deciding how the future will play out. Even if the process is relatively friendly and a mutual decision, transitioning to newly separate lives can be jarring.
Many of my California clients ask if certain special circumstances can impact the terms of their divorce settlement, such as rampant infidelity or domestic violence. Here’s how that plays out in court.
No Special Treatment for Infidelity
One recent high-profile divorce that has been in the headlines is between Matt Lauer and his wife of 20 years, Annette Roque. Matt Lauer was recently fired from his job as anchor of the “Today” show for sexual misconduct allegations. Sources close to Matt Lauer claim that he was also frequently unfaithful to his wife.
Whether or not those allegations are true, it begs the question: can you get more settlement money if your partner has been unfaithful?
The answer, at least in California, is no. Even if the allegations are proven and egregious, the court will not consider it a factor in your divorce.
No Fault Divorce in California
Every divorce in California is considered “no fault”—meaning that neither party has to prove the other of wrongdoing to go through with the divorce. It is simply enough to officially maintain that you no longer get along together. In legal terms, this is known as “irreconcilable differences.”
So even though you may be devastated to learn of your spouse’s infidelity, that heartbreak will not be held against the cheating spouse or benefit the non-cheating spouse in any way.
Special Considerations for Domestic Violence
Domestic violence, on the other hand, is a completely different issue. Domestic violence may include sexual assault, physical assault, stalking, or even verbal threats. It can include violence upon the other spouse, the child, or any other family member living in the same household.
If one of the spouses is provably guilty of domestic violence, he or she can possibly be precluded from receiving spousal support from the victim spouse. It may also affect custody and visitation terms.
Want to Know More About Special Circumstances That Can Impact Your Divorce?
If you want to know more about special circumstances that can impact your divorce settlement, contact Park Family Law. Whether you need an experienced mediator to amicably and efficiently settle your case or an aggressive litigator to get you the best result in court, Park Family Law can assist you every step of the way.