QUESTION
Can I get alimony and sole custody of our children if I divorce my husband?
Asked on Apr 02nd, 2013 on Divorce - Texas
More details to this question:
My husband has been cheating for over 2 years with the same woman. I want a divorce and sole custody of our 2 kids .Since he has been unfaithful, could I get alimony and sole custody?
9 ANSWERS
John Arthur Smitten
Yes, and yes.
Answered on Apr 04th, 2013 at 2:37 PM
Administrative Law Attorney serving Winter Garden, FL
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Channell Law Firm, P.A.
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His cheating does not necessarily make him an unfit parent. Sole custody is EXTREMELY rare, as well as the term custody being legally obsolete. Would you deprive your children of a relationship with their father? Is it fair to them? Think about it. The courts will likely not entertain his infidelity when considering how much time he gets to spend with them. He has as much right to them as you do.
Answered on Apr 04th, 2013 at 1:54 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have provided insufficient information upon which to make even a determination. Custody and spousal support are determined in Michigan based on a number of factors. The fact that your husband has been unfaithful may be germane but that alone will not be determinative. You clearly need to engage in attorney to assist you in ending this tragedy.
Answered on Apr 03rd, 2013 at 5:03 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If your case is in Florida, the answer is no. Florida is a no fault State and infidelity has no impact on how any issues are determined.
Answered on Apr 03rd, 2013 at 5:03 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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Custody and spousal support are based on several factors You should talk to an attorney regarding these issues and to determine your options.
Answered on Apr 03rd, 2013 at 5:02 PM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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In Arizona you do not need a reason to get a divorce, other than that your marriage is irretrievably broken, with no prospect of reconciliation. The court will not give Spousal Maintenance (alimony) unless you meet the elements set forth in A.R.S.25-319. The Court looks at the best interest of the children when deciding who has the final legal decision making authority ( Sole custody). The court does not consider cheating when deciding on these two issues. I recommend contacting an experienced family law attorney regarding the divorce process.
Answered on Apr 03rd, 2013 at 5:02 PM
Infidelity is not grounds for sole custody of your children. Dissolution is no fault and support is based upon your earnings. You should consult a family law attorney to review all of the facts and advise you how the court is likely to rule on these issues.
Answered on Apr 03rd, 2013 at 5:01 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You could get alimony depending on the circumstances. Cheating does not give you any more rights. Caliofornia is a no-fault state. Cheating also does not mean that he'd get any less custody. You'd probably get shared custody.
Answered on Apr 03rd, 2013 at 5:01 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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No experienced attorney is going to give you absolute answers to your questions - there are too many variables. I suggest you consult a competent attorney to review the details of your situation and advise you.
Answered on Apr 03rd, 2013 at 5:00 PM