Legal Question in Family Law in California
adultery
re reason for divorce:i will be filing for divorce soon.I want to use the grounds of adultery.my husband was having an affair at work which has been confirmed by the 3rd party involved.for religious beliefs,i would like it recorded my grounds were allowed by the Bible.is there a major diffrence from these grounds as opposed to others usually used like irreconcilable diffrences.thank you in advnace
2 Answers from Attorneys
Re: adultery
California law allows divorce on only two grounds:
1. Irreconcilable differences and
2. Incurable insanity
You cannot raise the issue of adultry in your divorce petition.
Any attempt to riase the adultry issue will not be recognized by the court and may result in you having to pay sanctions to the court and/or your husband.
Re: adultery
There is no connection between a civil divorce (or dissolution) and the biblical grounds for divorce. California is a "no fault" state which is why Mr. Johnson told you that it is improper to raise the issue in a civil dissolution. What is legal is not necessarily biblical, God expects more from us than merely following the law. Talk to your pastor or priest about your dissolution and then proceed to get a civil dissolution of your marriage. Good Luck, Pat McCrary