• What is Collaborative Divorce?
    ▼
    • What is Collaborative Divorce?
    • Why Use Collaborative Divorce?
    • About Collaborative Divorce California
    • For Collaborative Professionals
  • Divorce Options® Workshops
    ▼
    • About Divorce Options® Workshops
    • Find a Divorce Options® Workshop
  • Testimonials
  • FAQs
  • Blog
  • Find a Professional
    ▼
    • All Professionals
    • Attorneys
    • Financial Professionals
    • Mental Health Professionals
    • Practice Groups
    • For Collaborative Professionals
  • Divorce With Respect Week
    ▼
    • For Professionals
    • For Clients
  • Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Collaborative Divorce California

Options for Divorce in California

Collaborative Near Me
Podcast

  • What is Collaborative Divorce?
    • What is Collaborative Divorce?
    • Why Use Collaborative Divorce?
    • About Collaborative Divorce California
    • For Collaborative Professionals
  • Divorce Options® Workshops
    • About Divorce Options® Workshops
    • Find a Divorce Options® Workshop
  • Testimonials
  • FAQs
  • Blog
  • Find a Professional
    • All Professionals
    • Attorneys
    • Financial Professionals
    • Mental Health Professionals
    • Practice Groups
    • For Collaborative Professionals
  • Divorce With Respect Week
    • For Professionals
    • For Clients

Divorce Misconception: A Cheating Spouse Helps Your Case

March 6, 2023 By Jami Fosgate

You may blame your spouse for causing the end of the marriage by having an affair.  For some people, cheating is anything physical. Some people see cheating as an emotional affair with another person. Some people could include financial deception as cheating.  Whether it’s financial cheating, emotional cheating, or an actual affair, the state of California does not care how the marriage ends.

Divorce and Cheating Spouse

A spouse’s gambling or risky investments that lost the retirement savings have a monetary value. How do you put a price on a broken heart, or the disappointment of retirement being delayed? Simply trying to prove those intangibles in front of a judge can be emotionally and financially taxing.

In the state of California, we have no-fault divorce.  Instead of forcing you to prove what went wrong in a marriage, all that is required for a divorce is that the marriage cannot be saved. You cannot live together as a marital partnership any longer and just want to divide assets and go your separate ways.  Any type of cheated won’t matter to a judge. The judge only considers the family code when coming up with a decision.  because you probably each have a different idea of what went wrong in the marriage.

If the financial betrayal or sexual betrayal is really important to you, then Mediation or Collaborative Divorce may be a better option than a traditional litigated divorce.  Mediation or Collaborative Divorce both give the opportunity to have any emotional traumas be considered in the settlement agreement that you reach outside of court. You can agree to any terms you want outside of the courthouse, regardless of what the family code says. The court will not give you any satisfaction. It will only give you a divorce settlement.

Choosing the Mediation or Collaborative Divorce approach can’t totally get rid of your emotional traumas, but it may help you come up a solution that allows for some satisfaction.

Filed Under: Blog, Collaborative Divorce Tagged With: Divorce, Divorce Case, Myths and Misconceptions, Spouse

About Jami Fosgate

Jami Fosgate practices Family Law in the Burbank area with a focus on finding amicable and affordable solutions for her clients through the Collaborative Divorce and Divorce & Family Mediation processes.
Jami’s Profile | Jami’s Website

What our clients are saying…

Anonymous Client

I think this is probably true of a lot of marriages that end in divorce: neither one of us felt “heard.” The [collaborative] process was an eye-opener… and an “ear-opener” I guess you’d say.  We each got to say our piece.  And, I can’t speak for my ex, but I felt she “got” what I was talking about in a deep way.  To me, that was what made my divorce really a completion.  When we were done, we were DONE.  And now we’re okay parents together.  I’m not mad at her, she’s not mad at me.  I’m really grateful to [my coach], for showing me the way.

View Our Testimonials

Primary Sidebar

divorce Options Workshops

Divorce Options®

Workshops

Find a class
in your area

Meet Our Professionals

Amy Rodney

Have you read?

Children the Wealth of Family

child’s hand in cement

Often married adults include as one of their New Year’s resolutions that they are going to “start a … [Read More...]

Categories

  • Blog
    • Collaborative Divorce
    • Divorce Options®
    • Mediation
  • Popups

Footer

Collaborative Divorce California

Find a Professional Near You

Admin Offices

2872 Ygnacio Valley Road
#401
Walnut Creek, CA 94598
(925) 338-9550

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

For Collaborative Professionals

A Service of CPCal

Copyright © 2023 Collaborative Divorce California · All Rights Reserved

· · ·

Website Design by The Crouch Group

Log in