QUESTION

In the first stages of filing for an absolute divorce what are the chances of me receiving full custody/support and alimony?

Asked on Nov 20th, 2012 on Divorce - Texas
More details to this question:
My spouse of 6 years has committed adultery and I am seeking an absolute divorce. He has since moved out and I am unaware of his whereabouts. We have a pre-teen child and a house. Please advise me of my chances of receiving full custody, alimony, and child support. Thank you so much in advance.
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12 ANSWERS

Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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I cannot form an opinion of the facts provided. You must provide the specifics to an attorney to get an option you should rely upon.
Answered on Apr 30th, 2013 at 3:07 AM

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His adultery is not a factor in any determination about the court as to the financial divisions of the dissolution. In all likelihood, it will not be relevant to the child custody either. You should consult a family law attorney to review all of the facts and advise you.
Answered on Nov 22nd, 2012 at 1:11 PM

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If he earns more than you you should get at least temporary alimony and you can ask him to contribute towards your Attorney fees adultery is irrelevant in California
Answered on Nov 22nd, 2012 at 1:10 PM

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Administrative Law Attorney serving Winter Garden, FL at Channell Law Firm, P.A.
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One could not give you an assessment of your chances without a detailed review of your circumstances. Review your case with an attorney in your area for more info.
Answered on Nov 22nd, 2012 at 7:32 AM

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If your children were have lived with you since your husband left then you have a pretty good chance of getting Sole physical and legal custody especially if the father is non-involved.
Answered on Nov 22nd, 2012 at 7:24 AM

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Family Law Attorney serving Chandler, AZ
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I'm not sure what you mean by "absolute divorce." Arizona is a no-fault state, so your spouse's adultery will have no bearing on the outcome of the divorce. Custody, spousal maintenance and child support are determined based on a list of statutory factors; however, you have not provided enough information for me to analyze the situation. I recommend you consult with an attorney to discuss this matter in greater detail.
Answered on Nov 22nd, 2012 at 7:23 AM

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You should consult with an attorney to discuss these issues. It is likely that custody will be granted with you along with support based on these facts. Spousal support and other property issues involve other factors that need to be considered with a lawyer.
Answered on Nov 22nd, 2012 at 6:41 AM

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Estate Planning Attorney serving Las Vegas, NV at Law Offices of Pamela R. Lawson
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As you probably know, Nevada is a "no fault" divorce state. The court is not interested, no mater how sorted [as long as your children weren't present] the affair was. Nevada also, by law, has a presumption that joint physical custody is in the best interests of the child. In order to defeat the presumption you must show that he is unfit - i.e. uses drugs, has been convicted of child or spousal abuse, or something else that is on the same seriousness level. Adultery is not enough or, in today's society, relevant to child custody. Child support is determined by statute if you have sole or primary custody, i.e. 18% of his gross monthly income for one child. If you have joint physical custody, the support is calculated by figuring out the support obligation of each parent if that parent did not have custody, the numbers are subtracted, the balance is what the parent making less money gets from the parent making more money as child support. Six years is not considered a "long term " marriage, at best, and considering his income, you could expect would be a short period of spousal support in the nature of "rehabilitative support" designed to permit you to go to school or undertake some type of education to improve your job skills so that you can support yourself. I strongly believe you do need an attorney unless you and your husband can agree to the resolution of custody, spousal support and distribution of your assets and debts.
Answered on Nov 22nd, 2012 at 6:35 AM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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We cannot answer this question without knowing all of the facts and the financial circumstances. Permanent alimony may not be awarded to you, but perhaps rehabilitative alimony can. We do not call it full custody in FL, it is called shared parental responsibility.
Answered on Nov 22nd, 2012 at 6:29 AM

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In Washington cheating is irrelevant unless it effected the children or constituted waste. You've provided no relevant information to answer your questions.
Answered on Nov 20th, 2012 at 10:39 PM

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Divorce & Separation Attorney serving Menasha, WI at Petit & Dommershausen, S.C.
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WI is a no fault divorce state. The factors you listed don't indicate maintenance. You should talk to an attorney about the options.
Answered on Nov 20th, 2012 at 4:48 PM

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There are a number of variables that the judge considers in deciding what type of child custody orders to enter. The judge will consider what is best for the child based on all the facts. Hiring a lawyer is a very good idea when the welfare of kids is involved.
Answered on Nov 20th, 2012 at 4:44 PM

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