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 it adultery if you are separated in California?

Adultery is not grounds for divorce in California and does not affect alimony payments. Moreover, adultery is not illegal, so there are no direct laws against dating while waiting for your divorce.

Can having a girlfriend affect my divorce in California?

Generally, dating during a divorce is acceptable in California, but that doesnt mean it cant impact a divorce because it can. Heres our advice to you: Consider talking to your spouse about it and reaching an agreement on how youre both going to handle dating during divorce.

What is considered adultery in California?

In California, adultery is defined as voluntary sexual intercourse by a married person with someone other than his or her spouse. In some states, it is possible to legally end a marriage based on a spouses adulterous acts.

What is a wife entitled to in a divorce in California?

California is a community property state, which means that all assets and debts acquired during the marriage are equally owned by both parties and they must be divided equally. Anything you acquired prior to your marriage will remain legally yours even after your divorce.