A commonly asked question about legal separation that I hear often is “Can I date while I am legally separated?” Technically the answer is yes because California is a no-fault state. However, if you have children, be advised that dating while legally separated could influence child custody arrangements.

Is dating during separation adultery in California?

California is a “no-fault” divorce state. This means that the court does not concern itself with arguments over why the marriage failed. So, from the courts view, dating another person while you are still married has no effect on spousal support.

What does it mean to be legally separated in California?

In California, a legal separation doesnt end a marriage or domestic partnership. Instead, it results in a court determining the rights and responsibilities of spouses who want to live apart. However, unlike a dissolution, there are no residency requirements for a legal separation.

Can you go to jail for adultery in California?

There are no direct legal consequences of committing adultery in California. In other words, adultery is not punishable by law or as a tort in this state. While the court will not punish a spouse for adultery in California, cheating spouses will likely suffer personal consequences.

Is spousal support mandatory in California?

For longer marriages, where the parties may be older and their earning potential lower, the time the lower- or non-income earner may require support for much longer. In either case, California law requires the partner receiving support to make a good faith effort to support his or herself.

How many years do you have to be separated to be legally divorced in California?

In California, there is no required separation period before you can get divorced. That means that you and your spouse are able to decide you want to get a divorce and, on the same day, file for divorce.

What is the average cost of divorce in CA?

$17,500 The average cost of divorce in California is $17,500. However, that number can go down significantly in uncontested cases or increase depending on any disputed issues. The more complex your divorce case is, the more expensive it will be.

Is it a crime to cheat on your spouse in California?

Many states have made adultery illegal, and their criminal laws contain definitions of adultery. California has not made adultery a criminal act, so theres no official state definition of adultery. No-fault divorce represents a modern approach to family law.

What happens if you dont pay spousal support in California?

If you stop making spousal support payments, regardless of the reason, you could face civil and even criminal charges. You can be charged for violating your court orders during your divorce proceeding. If your former spouse takes you to court in a contempt proceeding, you will need to pay your dues.

How can I avoid paying alimony in California?

Regardless of how much you might hate paying alimony, you cannot lower or stop payments on your own. You must wait for a judge to order alimony modification or approve your alimony agreement before you can stop paying or else you might face enforcement penalties.