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Does an Affair Matter to the Judge in Your San Diego Divorce

On Behalf of | Nov 10, 2020 | Divorce

Does an affair matter to the Judge in your San Diego divorce case.  Generally speaking the presence of infidelity or an affair is not specifically relevant to the issue of a divorce in San Diego.  Here in California, all divorces are presumed to be due to “irreconcilable differences.”  Therefore, issues of infidelity or other private matters between the parties are not generally relevant.

The Certified Family Law Specialists at Burke & Domercq work with our clients to help prepare them for any time in court.  Many clients have genuine questions or concerns about an issue which does not pertain to the specific issue which is about to be heard.  In some cases, such as infidelity, the court is simply unconcerned about an affair and doesn’t want or need to hear any of the details.  Yet, it would be very natural for anyone who has suffered infidelity to have strong emotions associated with the events and want to see their former spouse pay a legal price.

What is important to you may not matter to the Judge in your divorce and pursuing an irrelevant issue can actually hurt your position in a divorce.  Judges become fatigued by a litigant who attempts to bring up side issues or matters which have no relevance to the genuine issues on the table at that moment.

When you appear before a Judge or magistrate in a San Diego family law court, there is a specific purpose for the hearing.  The presider in your case is only interested in details associated with the issues at hand (i.e. child custody, the valuation of a business, division of property, etc.).   This is due to the heavy case load the court must manage and the limited amount of time our Family Court can give any specific matter in a divorce case.

When would an affair matter to the Judge in your San Diego divorce?  There are cases where the behaviors of a party have been used to question their fitness as a parent.  It is also possible to pursue compensation to community property for marital funds which have been squandered on an outside interest.  These will not be emotional issues before the Court.  They will be contested and adjudicated based upon provable facts.

We understand the issues which concern our clients and burden their hearts and minds.  We provided sound counsel to prepare our client’s for court and to help them to understand the emotional and financial cost of focusing on issues which are unproductive.  There may be another time and place in the course of your divorce which would make an affair matter to the Judge in order to examine those crucial issues and seek resolution.

Protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.