QUESTION
What constitutes adultery and what is considered sufficient evidence of adultery?
Asked on Sep 18th, 2012 on Divorce - Florida
More details to this question:
I am unemployed. I recently obtained a master’s degree. I am working towards a teaching certification. Husband is active duty military, moved out Aug 4th. He is having an affair with a co-worker. We have been married for almost 12 years and have one child. He is been in the military for nine years and will have a change of duty station in January 2013. I need to know if I qualify for spousal support after his move. How much money is he required to give me monthly? Who is supposed to pay the bills we have? Is he required to pay my student loans while am out of work? Finally, if I hire an attorney will he be required to pay fees?
8 ANSWERS
Leonard A. Kaanta
Adultery is a felony in Michigan, but seldom prosecuted. IN Michigan the only grounds for divorce are that theonds of matrimony have been broken and there remains no reasonable likiehood that they can be restored. There are no set amounts for suppor. Your atoney can ask for attorney fees.
Answered on Oct 02nd, 2012 at 12:09 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Adultery is a moral issue not a legal issue. You need to get a lawyer. Support is based on need and comparing how much time you have with your child versus him and his ability to pay.
Answered on Sep 28th, 2012 at 12:40 AM
Adultery is irrelevant in California unless someone is committing it in the presence of a minor child. California is a no-fault divorce state. Once either party says there are irreconcilable differences, that constitutes grounds for divorce. All assets acquired during marriage with community income or earnings are to be split equally; a parenting plan must be established; child and spousal support must be determined.
Answered on Sep 24th, 2012 at 10:53 AM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Your inquiry raises questions about cause of action, reason for the divorce, equitable distribution of the assets, and spousal support.
Answered on Sep 24th, 2012 at 10:50 AM
His extramarital activity is of no concern to the civil courts. The answer to your questions will be determined by the court depending upon the respective incomes of the parties. You should consult a family law attorney to review all of the facts and figures and be able to advise you.
Answered on Sep 20th, 2012 at 2:01 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Meaningful & useful answers to all of your questions would require about an hour of one-on-one discussion with an attorney and that is what you need to do. Generally, adultery is irrelevant to questions of divorce & spousal support; the military still considers it a criminal offense. You need to file for divorce before he leaves because it may be difficult to enforce any court orders that occur after the state court has lost jurisdiction. He will have to pay child support and will be required to pay spousal support for some period of time - how long and how much requires much more information. Until there is a court order military regulations require him to provide at least as much financial support to his family as his monthly BAH.
Answered on Sep 20th, 2012 at 1:56 PM
Michael Paul Vollandt
Spousal support is only available if your file a petition for dissolution of your marriage of a legal separation. Student loans are the separate property of the borrowers so you husband has no legal obligation on it. The amount and length of spousal support is dependent on your Husband's earnings and how long you were marriage. Your Husband could be ordered to pay some of your legal fees if you are not working and he is.
Answered on Sep 20th, 2012 at 1:55 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You need to hire an aggressive family attorney in your area. At least set up a few free consultations with some to find out what your rights are. Alimony is based upon need and ability, and an important factor is the length of the marriage. Yours is long enough to qualify for permanent periodic alimony, and you may get that. There are many other factors, and different types of alimony also. Only an attorney who knows the financial circumstances of the parties can guestimate how much you might get awarded.
Answered on Sep 20th, 2012 at 1:53 PM