Generally, most marriages in the U. S. are monogamous and traditionally people are expected to be faithful to their spouse for the long run. This tradition is embedded into the legal system in many states, where cheating on your spouse can actually carry legal ramifications. 

But what about in California? Particularly today, many couples are more comfortable exploring and experimenting with other partners. Then there are, like everywhere else, those who choose to simply cheat without their spouse’s consent. Can these factors impact a CA divorce? Let’s take a closer look and begin with discussing the legal status of practices that involve bigamy, polygamy, and adultery in California.

Defining Bigamy, Poligamy, Polyamory, and Adultery and its Legality

First, it’s important to not confuse these different terms. Here is a breakdown of what they mean:

• Adultery: This refers to cheating on the part of a married person, either to another married or unmarried person. While socially unacceptable, adultery is not illegal in California and will not lead to criminal charges. 
• Bigamy: This is the act of entering a new marriage when you have an existing marriage with a spouse who is still alive and has not been absent for at least five years. Bigamy is illegal and individuals must terminate a marriage before they can move on to establish a new one. 
• Polygamy: This is the act of having more than one spouse, and is illegal in the state of California. The practice of having multiple legal spouses is outlawed across most of the U.S. 
• Polyamory: This is the act of having multiple partners, with consent from all involved parties. As this does not involve family law and is between consenting adults, the practice of polyamory is not illegal and generally will not impact divorce proceedings in CA

CA is a No Fault Divorce State

So with these definitions in mind, it’s not likely for acts involving polyamory or adultery to have a significant impact on the divorce proceedings themselves. CA is a no fault divorce state, which means that individuals are free to end a marriage without having to prove or establish a reason.  

That said, matters such as custody disputes could surface some of these matters as either side tries to establish that they are the better parent. Likewise, if matters such as adultery impacted the joint finances significantly, this could be a factor in any asset division procedures, provided the impacted spouse is able to provide a clear narrative and strong evidence.

Talk to a Family Law Attorney Today

As you can see, it’s hard to predict exactly which factors will become most relevant in your specific CA divorce proceedings, at least without getting into legal specifics and taking your unique circumstances into account. Either way, we hope this post helped highlight how bigamy, polygamy, and adultery impact the start of a divorce in CA, particularly with the no fault divorce status of the state. 

If you have any additional questions, and to book an appointment with one of our legal family law pros, don’t hesitate to reach out to us at the White Oak Law. Call us today at  925-271-0999 to learn more about how we can help you prep for all your upcoming CA family law matters.