QUESTION
If my wife is cheating on me while we are still married, will this affect the divorce processes or who gets custody of our kid?
Asked on Jul 02nd, 2013 on Divorce - Nevada
5 ANSWERS
Personal Injury Attorney serving Reno, NV
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Law Offices of Jill K. Whitbeck
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Not in Nevada, unless her relationship somehow significantly affects the children (which is a VERY uphill battle in a no fault state).
Answered on Jul 03rd, 2013 at 4:14 AM
If you are in California, we have no fault Dissolution and an affair will have no legal affect. As far as custody and parenting time, the court will decide based on the best interests of the child.
Answered on Jul 02nd, 2013 at 1:41 PM
Michael Paul Vollandt
California is a no fault state so unless your wife is hanging out with a child molester the custody issues will have not impact the fact that she is dating another person.
Answered on Jul 02nd, 2013 at 12:52 PM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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"Fault" and the Parent's "moral fitness" are but two of many factors a Court will consider in determining custody and spousal support (alimony) and property division. Infidelity is no longer the "silver bullet" that it was 50 years ago, but it is still a factor. Have you ever cheated on her while married? If the answer is yes, that may weaken your position.
Answered on Jul 02nd, 2013 at 12:52 PM
Family Law Attorney serving Las Vegas, NV
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Law Offices of Webster & Associates
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Nevada is a no fault divorce case meaning on the surface her affair will have no affect. The way the affair might have an affect is if she diverted community funds to this individual or if he has a drug/alcohol habit, domestic violence issues or arrests and is going to be around the children.
Answered on Jul 02nd, 2013 at 10:50 AM