QUESTION
Will i be given any thing at all if I'm guilty of adultery and a stay at home mom?
Asked on Sep 13th, 2013 on Divorce - California
More details to this question:
I am married for 16 years with two children. I've been a stay at home mom for 13 years. Am I entitled to any money for attorney fees and living expenses? Does adultery hurt my chances of joint custody?
10 ANSWERS
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Maybe, but chances are that you will still get most custody and lose a little more of the property.
Answered on Sep 16th, 2013 at 3:42 PM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
Michigan has no fault divorce. Therefore adultery should not matter for most decisions in a divorce including property splits and child custody decisions as long as you it did not affect the children.
Answered on Sep 16th, 2013 at 3:42 PM
Adultery does not matter in California because it is a no fault divorce state. You are entitled to one-half of all assets acquired during your marriage. You are responsible for any debts in existence on the date of your separation if they were incurred during your marriage. You are entitled to spousal support and some assistance with attorney fees. See a family law attorney in your community for more particulars.
Answered on Sep 16th, 2013 at 3:37 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
at
Cathy R. Cook, Attorney at Law
Update Your Profile
Adultery is relevant in two respects. One, if you have spent marital money on that person, which is economic misconduct. Two, if you have introduced your children to this person as a romantic partner, which shows bad judgment as to the children. As for entitlement to living expenses, such as alimony, you should be able to obtain this for some time period, unless the man you are seeing is supporting you.
Answered on Sep 16th, 2013 at 5:37 AM
California is a no fault divorce state, thus adultery does not directly affect your community property rights. This will not however prevent it from being raised as a matter of character which will be put at issue for the custody agreement.
Answered on Sep 13th, 2013 at 5:04 PM
Personal Injury Attorney serving Atlanta, GA
at
Anthony Overton Van Johnson & Associates, P.C.
Update Your Profile
You should read my blog post on 7 ways a parent can lose custody. Each case; however, stands on its own merits. In court, your husband would have to prove his case. If the facts are weighed heavily against you, the judge may grant custody to your husband and could deny your request for alimony. You need to retain the services of an attorney to review your case.
Answered on Sep 13th, 2013 at 4:53 PM
Social Security Disability Attorney serving Melbourne, FL
at
Law Office of Robert E. McCall
Update Your Profile
Adultery is a consideration, not a controlling factor in a Florida divorce. Custodial parent will receive guideline child support. Due to length of marriage you may be entitled to alimony. Be very cautious about Joint Custody, it never works! One parent loses interest in spending time with the children, leaves other parent with kids 100% of time and is paying reduced child support. Sounds like you are being threaten/intimidated/ bullied. You need an attorney.
Answered on Sep 13th, 2013 at 4:43 PM
Divorce & Separation Attorney serving Menasha, WI
at
Petit & Dommershausen, S.C.
Update Your Profile
Wisconsin is a no fault divorce state.
Answered on Sep 13th, 2013 at 2:43 PM
Divorce & Family Law Attorney serving Salt Lake City, UT
at
Utah Family Law LC
Update Your Profile
In theory, adultery does reflect on your moral fitness, which is a factor a court can consider in making its child custody determination. In practice, however, I am not aware of any case in the last decade in which adultery was cited as the reason apparent was denied child custody or had a custody award curtailed. Until now, it used to be that in Utah adultery didn't really have much impact on the alimony award either. But as of 2013, the law in Utah now is as follows: See Utah Code Section 30-3-5(8): (b) The court may consider the fault of the parties in determining whether to award alimony and the terms thereof. (c) "Fault" means any of the following wrongful conduct during the marriage that substantially contributed to the breakup of the marriage relationship: (i) engaging in sexual relations with a person other than the party's spouse; (d) The court may, when fault is at issue, close the proceedings and seal the court records.
Answered on Sep 13th, 2013 at 2:43 PM
You may or may not get those things based upon the specific facts of your case. But your adultery is legally irrelevant.
Answered on Sep 13th, 2013 at 2:42 PM