California Divorce Guide to the Coldplay Concert Scandal

Whether it is drug addiction, financial issues, a lack of communication, or your spouse caught swaying with their coworker at a Coldplay concert on the kiss cam, there are numerous reasons why a married person would want a divorce. In California, the reason does not matter.

California is a “no-fault” state for divorce. Neither spouse needs to prove that the other committed a wrongdoing, and a family law court will grant a divorce even if only one spouse wants it.

Does cheating constitute grounds for a divorce?

No, in California, cheating cannot be a legal ground for a divorce. The court will not consider who is at fault when dissolving a marriage. If one spouse cheats, the other would have to file for divorce on the grounds of “irreconcilable differences,” as the court does not consider any evidence of adultery in granting a divorce.

Purposely vague, “irreconcilable differences” means the court can legally terminate a marriage simply because a spouse no longer wants to be married. A family law court does not require a reason; just stating that the marriage is un-fixable is sufficient.

What is the impact of cheating on a divorce?

Either spouse’s infidelity does not affect the divorce process. Even if one spouse is unfaithful, the court will not assign blame or treat them any differently than the other spouse during proceedings. A couple can, of course, divorce because of infidelity, but it just does not need to be proven in court, as there is no legal penalty.  

However, cheating can affect some key aspects of a California divorce:

Asset Division

California is a community property state. Family law courts split all property, assets, and debt acquired during a California marriage 50/50 upon divorce. Since California is also a “no-fault” state, adultery does not affect property division. The cheating spouse is still entitled to half of all community property in a divorce.

In more specific scenarios, a spouse could receive reimbursement from the unfaithful spouse if they spent joint funds to support the affair.

Child Custody

Cheating generally does not influence child custody arrangements in the state, as the court will rule in the best interest of the child, regardless of the circumstances. The only way infidelity could impact the custody order is if the extramarital affair harmed the child or put them at risk.

If the unfaithful parent’s new partner poses a danger to the child, it could influence the court’s custody decision. If there is proof of an affair, the court could limit the cheating parent’s custody or visitation if it is best for the child. However, in most situations, cheating does not impact child custody arrangements.

Spousal Support

The court will not require the cheating spouse to pay more in spousal support just because they cheated, due to California’s “no-fault” laws. However, infidelity could have some impact on spousal support payments if:

• The non-cheating spouse requires mental health treatment. In this case, an unfaithful spouse could be responsible for paying for treatment.
• The cheating spouse moves in with the affair partner. This can lessen the support the cheating spouse receives.
• The cheating spouse spent community funds on the affair.

If the court encounters these scenarios when awarding spousal support, it aims to ensure financial fairness, rather than punish the cheating spouse. That reason explains why spousal support is also not impacted by cheating.

A spouse can still receive spousal support under California law even if the spouse was unfaithful. The court will determine payments in accordance with California Family Code Section 4320.

California’s “no-fault” history

California became a “no-fault state” when Gov. Ronald Reagan signed the Family Law Act of 1969. Previously, when a spouse wanted a divorce, they had to state a specific reason and prove the other spouse’s fault while demonstrating their own innocence.

“No-fault” deterred lying about adultery, addiction, or abuse to obtain a divorce, when the husband or wife simply no longer wanted to be married. California lawmakers believed eliminating the need for fault to grant a divorce would create a less hostile and more honest environment when settling significant details.

Final Thoughts

The legal consequences for America’s famous kiss cam CEO depend on the state in which he and his wife reside. If that state only allows “no-fault” divorces, like California, the jumbotron evidence would have a limited impact on potential divorce proceedings.

Although cheating does not legally influence divorce in California, it could intensify emotions and enhance stress in an already complicated process. A spouse’s infidelity can make it more challenging to reach mutual agreements regarding asset division, custody arrangements, and spousal support.

Cheating could prolong the already lengthy divorce process, while making the situation more difficult for any children involved. If infidelity arises in your marriage, there is no need to cover your face or hide behind a railing, as experienced family law counsel can help you understand your rights and guide you through a divorce in a state with “no-fault” divorce laws.

Vanessa Soto Nellis and Nancy Martinez are Family Law Attorneys at Lewitt Hackman. Vanessa is a California Family Law Specialist.