Question: Is sleeping with someone while separated adultery in California?

Can you sue someone for sleeping with your spouse in California?

Moreover, California does not have a criminal statute against adultery. This means you typically cannot sue someone for having an affair with your husband.

Can you sue your spouse for emotional distress in California?

So yes, as a general matter, you can sue for emotional distress in California. In fact, whether you are filing an insurance claim or pursuing a personal injury action in court, your emotional distress damages may account for a significant part of your financial recovery.

How does adultery affect divorce in California?

California is a no-fault divorce state, which means spouses can file for divorce without pointing the finger at their spouse. Usually, infidelity does NOT impact property division (unless the cheating spouse wasted marital assets on the affair), spousal support, or child custody, with limited exceptions.

What is the average alimony payment in California?

In general the guideline takes 35% to 40% of the higher earning spouses income and subtracts 40% to 50% of the lower-earning spouses income. And which percentage is used for each of your incomes varies by county.

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