QUESTION
How does divorce work when you have a partner who cheat and there is kids involved?
Asked on Feb 27th, 2013 on Divorce - Michigan
9 ANSWERS
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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The same way any divorce works. Contact a local family law attorney.
Answered on Mar 01st, 2013 at 7:52 AM
The infidelity of a spouse will probably have little or no effect in a divorce. Division of assets and debts will be "equitable" (which generally means "equal"). Parenting time and legal decision making authority will be decided based on the children's best interests after considering the statutory factors. Child support is based on a statutory formula. Spousal maintenance may be considered based on statutory factors. None of these issues take "marital misconduct" into consideration. I recommend you consult with an attorney to discuss yoru situation in greater detail.
Answered on Mar 01st, 2013 at 7:51 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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In CA the court does not care that your spouse cheats
Answered on Mar 01st, 2013 at 7:50 AM
Dissolution in California is no fault and the cheating spouse is entitled to their one half of the community property without regard to their activity. Nor does cheating in and of itself disqualify someone from having child custody.
Answered on Feb 28th, 2013 at 9:51 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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If you mean your partner had an extra marital affair, California is a "No Fault" state. The court does not punish a person because they are at fault in the divorce. The assets of the marriage will be divided equally. The children's visitation schedule will be based on their long term best interest, with the goal the the children have frequent and continuing contact with both parents.
Answered on Feb 28th, 2013 at 8:46 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The same way it works when both partners are faithful and there are no kids. You file for divorce and ask for a split of the marital property and debts and custody of the children. In Idaho, if you can prove adultery, you may be entitled to a little more of the property.
Answered on Feb 28th, 2013 at 8:22 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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California is no fault divorce state, so infidelity is not an issue in the divorce. As for the children, unless there is something about the affair that makes the "cheating" party unfit to be a custodial parent, then that won't be considered when determining custody and visitation, and child support.
Answered on Feb 28th, 2013 at 8:16 PM
Family Law Attorney serving Thousand Oaks, CA
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Law Offices of Christina Shaffer
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California is a no fault state, so cheating is not relevant to the divorce. However, cheating may be relevant to the child custody issue if the significant other has a criminal record, etc. and is around the children.
Answered on Feb 28th, 2013 at 8:07 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Michigan is a no fault state and will allow you to bring an action for divorce whenever you determine you no longer wish to be married.
Answered on Feb 28th, 2013 at 8:00 PM