Attorney General No.
Secretary of State No.
SPOUSAL INFIDELITY. CIVIL LIABILITY. INITIATIVE STATUTE. Imposes civil liability for infidelity. Defines "infidelity" as voluntary sexual intercourse or oral sex between one spouse and a third person without other spouse's knowledge and consent. Defines "spouse" as husband, wife, or person cohabiting with member of opposite sex presenting themselves as married. Innocent spouse's remedies include damages for alienation of affections, lost wages and expenses due to emotional distress, abandonment, humiliation. Innocent spouse is eligible for divorce resulting in a 65% community property share, award of benefits, child custody and support. Couples may choose other remedies including an apology and counseling. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: The measure could result in costs to state government to process additional court cases. The magnitude of the costs is unknown and would depend on the number of such cases that are brought to court.
Laura Onate-Palacios, 1415 Custoza Avenue, Rowland Heights, Ca 91748 (323) 730-8860
Failed to Qualify
Spousal Infidelity. Civil Liability. California Initiative 853 (1999).