Adultery occurs when a married individual engages in a sexual relationship who is not their spouse. Every state has different adultery laws.
In the State of California, adultery is not a criminal offense. However, it can have financial consequences in a divorce case if community assets were used during the affair. Under California’s community property laws, both spouses owe each other a fiduciary duty to manage community assets responsibly. If one spouse spends community funds on an extramarital relationship (such as paying for gifts, trips, housing, or other expenses for a third party), the court may treat this as a breach of fiduciary duty.
The financial consequences can include reimbursement of the wasted funds to the community estate, an unequal division of remaining community property in favor of the non-offending spouse, or both. In severe cases involving deliberate concealment of assets, the court may also impose sanctions. These financial penalties can be substantial depending on the amount of community property that was misused.
If someone is having issues or they are not certain about how adultery laws work in California, it is essential to speak with an adultery lawyer.
Is It a Crime To Commit Adultery?
Adultery is a criminal offense in 16 states. However, this does not include California.
Even in states where adultery is a crime, it is not typically prosecuted. Laws that govern adultery may be outdated as well.
It is still important to be familiar with adultery laws in other states to avoid any issues there. In Maryland, for example, adultery is a misdemeanor, but rarely makes it to court.
Several states listed above have repealed their criminal adultery laws in recent years, including Colorado in 2013, New Hampshire in 2014, Utah in 2019, Idaho in 2022, Minnesota in 2023, and New York in 2024.
As of 2025, approximately 11 states still criminalize adultery: Alabama, Arizona, Florida, Georgia, Illinois, Kansas, Michigan, Mississippi, Oklahoma, South Carolina, and Wisconsin. Three of those (Michigan, Oklahoma, and Wisconsin) classify adultery as a felony rather than a misdemeanor.
Even in states where adultery remains on the books, prosecutions are extremely rare and these laws are widely considered outdated. A California resident who engages in an extramarital relationship while traveling or living in a state where adultery remains a crime could potentially face legal consequences in that jurisdiction.
Are Adultery Statutes Constitutional?
Yes, statutes governing adultery are constitutional. It is simply not common for states to bring criminal adultery cases.
These criminal adultery laws originated from previous generations. They are typically only taken off the books when they are challenged.
Adultery laws were created based on the belief that sex should only occur in a marriage. The system was built on the tradition that marriage is between two spouses who promised each other they would be faithful.
Who May Initiate a Prosecution for Adultery?
In states that still consider adultery to be a crime, a state prosecutor initiates prosecution for adultery. In certain jurisdictions, spouses may be able to initiate the legal process.
Although it is not a crime in California, a California resident may still need information on adultery prosecution if a spouse is committing adultery in another state. Whenever someone has questions about prosecuting adultery, they should reach out to a California lawyer.
Who Has the Burden of Proving Adultery?
When adultery is prosecuted as a criminal offense, just like other crimes, the state has the burden of proof to prove beyond a reasonable doubt that the adultery actually occurred. The state will also have to show that at least one of the individuals involved was married.
In California, only one party needs to be married for the conduct to be considered adultery. The unmarried person involved does not face the same legal exposure as the married spouse.
Because California is a no-fault divorce state, a spouse does not need to prove adultery to file for divorce. However, the marital status of the parties can still be relevant when addressing financial issues such as the misuse of community assets during an affair.
When adultery is relevant to a California divorce, particularly in disputes over community property, several types of evidence may be useful. Financial records such as bank statements, credit card statements, and receipts can help demonstrate that community funds were spent on an extramarital relationship.
Text messages, emails, and social media communications may also be relevant. Witness testimony from friends, family members, or private investigators can support a claim.
In cases involving significant financial misconduct, forensic accounting reports may be necessary to trace how community assets were used. All evidence must be obtained legally to be admissible in court.
What if I’m a Victim of Adultery?
If someone is dealing with adultery in California, it is essential to reach out to a California family law attorney. A lawyer will know the steps to take if someone wants to move forward with an adultery claim.
Although California does not recognize adultery as grounds for divorce, a spouse who believes community assets were spent on an extramarital relationship can raise this issue during property division. The general process involves filing a petition for dissolution of marriage, disclosing all financial information through mandatory preliminary declarations of disclosure, and presenting evidence of any improper spending to the court during the property division phase.
If the court finds that one spouse wasted community funds on an affair, it may order reimbursement to the community estate or adjust the division of assets accordingly. Each step involves specific filing deadlines and procedural requirements, so working with a family law attorney is strongly recommended.
Timelines
California does not have a specific statute of limitations for raising adultery in a divorce case. However, there are important timing considerations. A petition for dissolution of marriage can be filed at any time, and financial claims related to misuse of community property can generally be raised as part of the divorce proceedings.
California law imposes a six-month waiting period from the date of service before a divorce can be finalized. If a spouse discovers that community assets were wasted on an affair after the divorce is finalized, they may have limited options to reopen the case, so it is important to investigate financial matters thoroughly before the divorce is complete.
Costs and Fees
Pursuing an adultery-related claim in a California divorce can involve several costs beyond the standard filing fees. Court filing fees for a dissolution petition in California are currently several hundred dollars.
Attorney fees can vary widely depending on the complexity of the case, especially if forensic accountants or financial investigators are needed to trace community funds spent on an affair. Discovery costs, deposition expenses, and expert witness fees can add up quickly in contested cases. In some situations, the court may order one spouse to contribute to the other spouse’s attorney fees if there is a significant disparity in financial resources between the parties.
It is essential to always share all details truthfully with an attorney, no matter what is happening, so they can present the best possible case. If someone is facing adultery charges, their attorney may be able to help them reach a plea deal with the prosecution and argue to the jury for a lesser charge.
When a defendant is honest with their attorney, they can investigate the facts and demonstrate that they are only responsible for a lesser charge or that a plea deal makes sense. In addition, an attorney can use what their client shares to request the lowest possible sentence if they are convicted.
Should I Hire a Lawyer for My Adultery Case in California?
An individual cannot be charged with adultery as a crime in California because there is no criminal statute against adultery. However, if you are facing charges in another state or simply want information about adultery or other criminal charges, you should reach out to a California criminal defense lawyer.
While California allows individuals to represent themselves in family law matters, handling an adultery-related divorce without an attorney carries significant risks. Tracing community funds spent on an extramarital relationship requires knowledge of discovery procedures, financial disclosure requirements, and forensic accounting principles. Missing a filing deadline or failing to properly present evidence of financial misconduct could result in losing the right to recover wasted community assets.
Additionally, California’s community property and fiduciary duty laws involve nuances that can be difficult to navigate without legal training. An experienced family law attorney can ensure that all relevant financial issues are identified, properly documented, and presented to the court.
Your attorney will represent you in court and be present with you whenever you appear before the judge. You can use LegalMatch’s lawyer matching services to find a California lawyer near you in as little as 15 minutes.
Once you submit your legal question or concern on the LegalMatch website, it usually only takes about a business day to start receiving responses from lawyers in your area of California who can provide you with the advice and help you need.
