Is my wife still entitles to my stuff after cheating on our marriage?

Question

Multiple men have come forth and admitted sexual relations with my wife.

Melvin Franke · Answer

Hire an experienced divorce attorney.

Glenn Tanner · Answer

Her screwing around is irrelevant to property division.

George Seide · Answer

Unfortunately, infidelity has no effect on a dissolution.

William Spern · Answer

Marital infidelity can be used to bar her rights. The courts seeks equity in dissolving a marriage. If you are seeking equity, you had better not have any skeletons in your closet. If you have a two-story house (CW song), court is likely to split the equity right down the middle.

Rebecca Rainwater · Answer

California is a no fault state so proof of infidelity is not going to be heard by the court. California is a community property state and your spouse is entitled to 50% of all community assets acquired during the marriage.

Cathy Cook · Answer

The only fault that matters in divorce in Ohio is economic fault. The affairs do not change her right to one-half of marital property.  If she spent marital money on these men, that money comes back into the pot, and you get your share from another asset.

Frances Headley · Answer

Under California law community property, that is the property accumulated during the marriage is equally divided between the spouses. What caused the break up is irrelevant to the property division.

John Jordan · Answer

Yes. Oklahoma is a no-fault state. Your wife would be entitled to half of what is considered Joint Industry Property.  This is what you two have received during the marriage. The things you had before the marriage are yours and the things she had before the marriage are hers.

Matthew Friedrich · Answer

Michigan is a no fault divorce state, meaning a party need not allege or prove fault to get divorced in Michigan. However, a judge is allowed to consider fault in making an equitable division of marital assets, among other determinations. Unfortunately, the sad reality is that infidelity is so common that many judges do not give it much weight in a case.

Jeffrey Salberg · Answer

Utah is a no fault state. This means that the reason for divorce other than irreconcilable differences doesn't matter. There is a provision in the code that allows a court to take infidelity into consideration when considering alimony. However, most courts don't give this factor much weight, if any.

Barbara Peyton · Answer

A spouse cheating has nothing to do with division of community property. This is a no fault divorce state so the only issues are generally financial and custody of children.

Steven Alpers · Answer

Fault is not an issue in property division since 1969 in California so she gets half.

Tajara Dommershausen · Answer

Wisconsin is a no fault state. Her cheating behavior has no effect on the division of property.  Each party is entitled to half the marital estate.

Jane Ginsburg · Answer

California is a no-fault state which means that extra-marital activities are not considered relevant to the divorce process.

Dean Esposito · Answer

When dividing community property, adultery or fault in the break up of the marriage is not an issue.

Robert De Groot · Answer

It depends upon what you are calling "my stuff." The answer may well be yes. The adultery may not have any affect on the distribution of marital assets.

Mark Brown · Answer

Washington state statues and court decisions make it clear that infidelity is not a factor to be considered by the court in dividing assets and liabilities upon divorce. That is what is meant by the term "No Fault Divorce".

Leonard A. Kaanta · Answer

Michigan is a no fault divorce state, the grounds for divorce are that bonds of matrimony have been broke and there remains no reasonable likiehood that they can be joined.

Annette Sandoval · Answer

Arizona is a no fault state.  Her actions do not change how the court will address division of community property and debts.

Eric Smith · Answer

In Texas, adultery is a justification for an unequal division of the marital estate in your favor in a contested divorce. Whether there might be other offsetting factors or whether it is otherwise worth it to engage in a contested divorce.

John Kirchner · Answer

Marital misconduct is totally irrelevant to the financial issues in a Colorado divorce, so your wife will still have a valid claim to a fair share of all marital property.

Monica H. Donaldson Stewart · Answer

Marital misconduct is not a factor in determining the distribution of assets/debts accumulated during the marriage.

Suzanne H. Lombardi · Answer

Alaska is a no fault state which means you can obtain a divorce for any reason and your wife's cheating on you does not become relevant unless there are children involved. Then you may get it in under an argument as to why she should not have custody. An attorney can help you file for divorce to assist you with the paperwork and protecting your rights.

Tres Porter · Answer

Yes. California is a no fault divorce state. She is still entitled to a division of community property.

John Brennan · Answer

Are your divorcing?  Generally, Michigan is a no fault state and her infidelity is a factor, but a small factor, in the property distribution.

Ryan Maesen · Answer

It can be a factor in dividing the property but she will still get something. You need a good lawyer to make sure the judge should take her infidelity into account. It is also looked at for spousal support.

Michael Yeksavich · Answer

The court will decide.

Steven D. Dunnings · Answer

Yes, but probably not as much as she could have gotten.

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Is my wife still entitles to my stuff after cheating on our marriage?

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