My husband cheated on me and and had a child. What rights do I have if I file for divorce?

Asked almost 5 years ago - Fresno, CA

I have been getting Phone calls about this affair and i confronted him with it but he denied it until I got another call telling me he had a child then he came out with it.

Attorney answers (3)

  1. Brian Richard Dinday

    Contributor Level 16

    Answered . If you mean, do you get more money because he is a bad guy, no. You get half the community property and you get rid of him and you're single again. What did you have in mind?

  2. Sondra Ellyn Bennaeim

    Contributor Level 12

    Answered . California is a no-fault divorce state. Your rights are the same whether or not there was an affair.

  3. Diana Lucia Martinez

    Contributor Level 14

    Answered . California is a no-fault state. The courts do not enter the bed room. So your "rights" are the same as any one else entering divorce. That doesn't mean your anger and your hurt are any less legitimate. It just means they will not be addressed in divorce court. It's not very satisfying. It's also what makes divorces through the legal system so expensive, lengthy, and destructive.

    Your "rights" depend on how long you were married and what was accumulated during marriage and by what means. But even the simplest of cases (in terms of assets and debts) can drag out for years because of the emotional struggles.

    You should consider assessing your goals, even if emotionally based, and then ask yourself what achieving each of those goals does for you. Understanding the source of the goal is just as important, if not more so, than achieving it.

    One thing is fairly certain, divorce court will likely leave you extremely dissatisfied. Whether you elect divorce court or some form of no-court-divorce, you should start the process by addressing some of the issues with a divorce coach. If you would like to explore such options, feel free to visit my web site. Also, I provide a workshop for women going through or about to go through divorce. You will have an opportunity to hear from, and ask questions of, professionals in every area of divorce: litigation attorney, mental health professional, financial expert, real estate consultant, and a mediator. THe workshop is called Second Saturday and it is held the second Saturday of every month in Rancho Cucamonga. For more information, please call, email, or visit my web site.

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