How to Deal with Infidelity in a California Divorce
California is a No-Fault Divorce State
In California, cheating does not change the way a court divides property or decides support. The state follows a no-fault divorce system, which means the court does not require proof of infidelity to grant a divorce. The focus is on equitable distribution of community and separate property, not on who caused the marriage to end.
When Infidelity Does Not Matter
Because of no-fault rules, mere allegations of cheating will not sway the court on:
- Property division
- Spousal support decisions
- Finalizing the divorce judgment
Emotions are understandable, but courts are concerned with legal and financial fairness rather than moral blame.
When Infidelity Can Affect Your Settlement
Infidelity can matter if it involves financial misconduct. If a spouse used marital or community funds to support an affair—paying for trips, gifts, hotel stays, or other expenses—those are not just personal indiscretions. They may qualify as dissipation of community assets.
Dissipation means one spouse wasted or improperly used marital assets for a purpose unrelated to the marriage during the period of separation or while the marriage was still intact. When proven, dissipation can lead to reimbursement, offsets in property division, or other adjustments to the settlement.
Common examples of financial misconduct
- Large unexplained cash withdrawals
- Credit card charges for travel, dining, or gifts tied to an affair
- Transfers to third parties for non-marital purposes
- Secret accounts or hidden purchases made with joint funds
How to Document Financial Misconduct
Documentation is the key to turning emotional evidence into legal results. If you suspect your spouse spent joint funds on an affair, start preserving evidence right away.
- Gather bank and credit card statements showing suspicious charges
- Keep receipts, travel itineraries, and hotel or flight records
- Save emails, texts, social media messages, and photos that connect spending to the affair
- Request account histories or download online banking records before they are deleted
- Keep a timeline of expenditures and facts linking spending to the other party
Well-documented financial misconduct can be used to trace dissipation and seek recovery in your settlement.
A Real Case Example
We represented a client whose spouse spent thousands of community dollars on an affair. By tracing credit card charges and bank withdrawals and linking them to travel and gifts, we were able to prove misuse of marital assets. The result: a portion of those funds was recovered as part of the settlement.
This shows how financial evidence, not emotional accusations, changes the legal outcome.
How We Handle These Cases
Our approach is practical and focused on results. We do the legal work so you can avoid unnecessary drama and concentrate on moving forward. That includes:
- Reviewing financial records and disclosures
- Identifying and documenting possible dissipation of community assets
- Pursuing reimbursement or equitable adjustments in property division
- Handling filings, disclosures, and judgments efficiently
We offer flat-fee divorce services across California and full-service handling of the paperwork so you know costs up front and avoid surprises.
Next Steps: Protect Your Interests
If infidelity is part of your divorce story, act now to preserve evidence and protect your financial interests. Steps to take immediately:
- Secure bank and credit statements going back as far as needed
- Download and save digital communications and receipts
- Avoid confronting or deleting records—let your attorney handle discovery
- Get a legal review to determine whether dissipation claims apply in your situation
“No drama, just results.”
Need Help?
If you want to explore whether financial misconduct affects your divorce settlement, visit Divorce661.com for a free consultation. We will evaluate your situation, show you what documentation matters, and help you pursue a fair outcome so you can move forward with confidence.
