Will my wife’s affair help me in court?

Her questionable decisions regarding men may help you in your custody case, but not necessarily. An argument could be made that she is not exercising good judgment, especially if the children are being exposed to it. You should get an attorney to help you immediately, if you haven't already done so.

This is a no fault state, so infidelity will not, in and of itself, have any bearing on the divorce. However, if she spent community funds in furtherance of the affair, you can be refunded a share of those funds. If she has numerous men at the house and such can be shown to have a harmful impact on the children, the parenting plan can put restrictions on her conduct while the children are with her. You have the same rights to the children as she does. If you have a history of actually taking care of the children on a regular basis, you can make the argument that it is in the children's best interest to be with you the majority of time. You do not say whether you've seen the children since the separation or what degree of care taking you provided prior to separation. Both will have an impact on the parenting plan. Don't wait to get a parenting plan in place. The longer you wait, and the children are living with her and seeing you on an irregular basis, the worse your position.

Having an affair means primarily couples are incompatible and need a divorce. However, when a spouse invites strangers over for affairs when there are young children in the house, that is relevant on the poor judgment of the parent. Is the spouse or children at risk of harm? Is she a good mother otherwise? Contact our office if you want to file for divorce and pursue this further.

California is a no fault divorce state. The extra marital relationships may be considered when it comes to spousal support. They will not be considered in the granting of the divorce. You argument is one that should be brought up for the safety and best interest of the children.

Unless she is doing something in front of the kids or in the same house at the time they are then your wife's affairs have no relevance This is a No Fault state and as such her affairs mean little for the divorce although do effect Child Custody and Visitation if her actions are a danger in some way to the children.

Infidelity in and of itself will not help; however, putting the children at risk will. You need to talk with your attorney about the best way to present this t the judge.