Im helping my mother. She has went through a tough 30 years with my father cheating on her numerous times. This time he is cheating on her with a co worker. This has been a relationship even before he got the woman he is having an affair with a job at his work. He has had a past history of affairs with different women and has a child with one who he never sees any longer (like it never happened). We have pictures and videos of evidence sexually or just physically of them. My father holds my mothers health insurance through his job which she is scared to loose since she has no health insurance at her job (at least since open enrollment just passed). He makes more than her due to his hourly pay and overtime. What is her chance at winning this case and with what benefits? Im the son helping her figure out answers before making a move to make sure it is done right with the most benenefit for my mother. I am 29 and my sister 22, who is going to nursing school away from home and am also scared he will run and not pay for any of her schooling which costs about $100,000. What are her options to get the most money out of him and if anything make his life most miserable for all he has done?
There is no winning (or losing) a divorce case. Community property will be divided. Long term spousal support will be based on need, ability to pay, marital standard of living and other factors enumerated in Family Code 4320.
The infidelity (however distressing) is not relevant in any legal sense. There will be a divorce. The real ordeal will come if vast sums of money are spent in the process.
Nobody wins in divorce.
Infidelity does not matter in dissolution proceedings.
The court is there to make equitable distribution of the community assets and debts...not to make anyone miserable, although that does happen accidentally in some cases.
Dawn M. Saenz is licensed to practice law in the State of California and the California Supreme Court, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and are not intended to constitute legal advice, create an attorney-client relationship, or solicit business. No posts or comments on this site are in any way confidential. Each case is unique. Information not contained in these posts may create significant exceptions to the advice provided in any response. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation.
There is no such thing as winning in a divorce matter. Your mom wants a divorce, then all she needs to do is file and then proceed the right way and then she can be divorced. She has a right to spousal support. She has a right to half of all the community property assets acquired during marriage regardless of whose name is on the title. All of the cheating has no legal relevance as what her rights are dont' depend on his cheating. I strongly suggest she engage the services of a family law attorney. As to your sister, the law considers her as a legal alien to this case and any claims she might have against the father are outside of the family law case.
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