Family law issues can be emotional and overwhelming, especially if they involve adultery and divorce. Child visitation, legal separation, visitation, alimony, and many other types of family law cases are significantly impacted by adultery and divorce. If you have questions about how adultery may have impacted your divorce, contact the
Law Offices of Rick D. Banks today. We will evaluate your situation and help you understand your legal options.
Understanding Adultery and Divorce in California
California allows for divorce on a no-fault basis; however, you must state a reason for the divorce. Those reasons may include incurable insanity or irreconcilable differences. If you claim a no-fault divorce, then you don’t have to go to court to testify as to why your marriage failed. You may save money and obtain a quicker divorce by claiming no-fault. However, some states allow you to place blame during a divorce. You may seek a fault-based divorce. Adultery may be your reasoning for divorce in a fault-based state. There are many reasons you may choose to place blame in a divorce. If you signed a prenup, you may want to prove that you were not to blame in the divorce. This may give you allowances through the prenup. You may seek property, such as retirement accounts or life insurance, that is only available if your spouse was at fault through adultery and divorce. Similarly, you may seek alimony, which may be available to you if you claim adultery as the reason for the divorce. Although claiming a reason for divorce is not necessary in California, you may have many other reasons for pointing to adultery and divorce. If you want to show that your spouse should owe alimony, you may need the help of an experienced lawyer. We will investigate the situation and explain your options.
How Does Adultery and Divorce Affect Alimony?
By claiming adultery and divorce, you may have evidence to support your claim for alimony. Judges have leeway when deciding alimony. Alimony may not be awarded unless the court feels you need the funds and you were owed it due to your spouse’s actions during the divorce. If you have a situation that involves adultery and divorce, you may have a better chance of obtaining alimony.
How Does Adultery and Divorce Affect Child Support?
Child support is established based on the needs of the child and the ability of each parent to provide for the children. Although the court will not typically consider adultery when establishing child support, they will consider all evidence that your spouse is able to provide for their children. If they are able to provide for a new love interest, the court will likely consider them able to provide for their children through child support.
How Does Adultery and Divorce Affect Child Custody?
If your former spouse is engaging with a new love interest, the court may consider this detrimental to your children. Although the court would never keep your spouse from the children, it will consider adultery when determining child custody. If you have concerns about your children being around your spouse’s new partners, you should address the situation with the court.
For More Information About Adultery and Divorce, Call Us Today
If you are facing a difficult split with your former partner and wonder how adultery and divorce issues will influence things like custody, visitation, and alimony, you should consult with a skilled attorney who can walk you through the legal process. Call the
Law Offices of Rick D. Banks today at
(559)222-4891.
