Tinero, Aharonov and Associates Tinero, Aharonov and Associates A Family Law Practice, LLP

Emotions and California divorce

He did this; she did that. Emotions are often the catalyst for picking up the phone and calling a divorce lawyer. While what the other person did or did not do may be the underlying reason for the call, many California divorce proceedings come down to irreconcilable differences and how community property is to be divided.

For many individuals, some actions are considered the ultimate betrayal from which there is no recovery. Finding out that a spouse has cheated with another person can be emotionally devastating. If it is discovered that the affair has been ongoing or with a family friend, the emotional damage can be overwhelming. However, when it comes time to take action and decide what action should be taken, it is best to make a rational rather than an emotional decision.

In today's society, a cheating spouse is often just one part of the reason a couple seeks a divorce. There are often other irreconcilable differences that are the driving force. Once it is determined that reconciliation is not possible, it may be time to look at the alternatives.

The fact that a spouse cheated may not be grounds to obtain more than one's fair share of the marital property. Just because he or she lied or cheated does not usually effect the final property settlement. However, if it is suspected that this spouse used marital assets to purchase gifts, vacations, etc. for the other person, then this may need to be considered in the property division.

Divorce is often an emotional decision for California couples. The reason for the divorce and what each hopes to attain in the property settlement are often based upon emotions. Sound legal guidance will often aid in diffusing the emotions and making rational decisions that are best for the individual.

Source: The Huffington Post, "10 Small (But Crucial) Things Your Divorce Attorney Wishes You Knew", Amy Williams, Sept. 1, 2016

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