The Use of Witnesses During a Divorce Trial

Divorces can be messy. They often require both spouses to air their dirty laundry in a courtroom. However, sometimes they involve others who have been witness to the incidents in the marriage that led to divorce. A divorce trial witness may come into court and give testimony regarding an array of issues in the divorce. However, the use of a witness during a divorce trial should be carefully undertaken by an attorney who can manage your case. Call Law Offices of Rick D. Banks at (559) 222-4891 today.

 

Reasons You May have a Divorce Trial Witness

 

The court will focus on four subjects during trial, all of which may involve a witness:

 

  • Grounds for divorce
  • Alimony and child support
  • Parenting time and child custody
  • Property division

 

Grounds for Divorce

 

You may have a witness to testify on your behalf regarding the grounds for divorce. While many states offer “no fault” divorces, if you are claiming a “fault” divorce, it is your responsibility to prove your spouse did something that warrants a divorce. That may include adultery or abuse. A witness can help you avoid a he-said/she-said situation. Instead of one party against the other, a witness may contribute their third party view of the circumstances that led to the divorce.

 

Alimony and Child Support

 

Child support hearings don’t typically require additional witness testimony. Both parents will need to contribute information, such as income and financial data. However, another witness won’t be much help. Most states have child support guidelines that are strictly based on the financial information of both parents.

 

Alimony, or spousal support, however, is different. There are many factors the court will look at when awarding alimony. The court will consider the spouses’ health, income, and earning potential. It can be helpful to have a witness to validate or contest the assertions being made.

 

Parenting Time and Child Custody

 

Many issues involved with child custody and parenting time, or visitation, can be determined by the parents on their own. However, if they must involve the court, a witness can be useful. Parents may make allegations of child abuse or endangerment, which would require proof.

 

Family members and friends can testify regarding the relationship between children and their parents. Mental health professionals and representatives from social services might interview children and parents and conduct an investigation.

 

Property Division

 

Both spouses must present all of their property to the court and it will be divided fairly. Witnesses are not typically required for property division. However, if a spouse is trying to hide property or disposes of it prior to divorce, a witness may be able to shed light on that situation.

 

Professional appraisals may be required for property; however, that is usually handled outside of court. An appraisal may be brought into court if there is a dispute.

 

Choosing a Divorce Trial Witness

 

Some courts do not allow family members to provide a character witness due to perceived biases. However, you may be able to use a friend, colleague, or someone else you know well as a character witness. You should choose someone who has first-hand accounts of your behavior and your spouse’s behavior.

 

Call a Divorce Lawyer Today

 

The attorneys at Law Offices of Rick D. Banks have significant experience working with witnesses in divorce trials. Call us today at (559) 222-4891.

Wife’s Rights During Divorce

A wife’s rights in divorce can be enforced by a court. Both spouses have rights during a divorce, but it can be difficult to assert those rights. You shouldn’t let your spouse walk all over you. Instead, reach out to an attorney who can support your rights and make sure you get what you deserve. Call Law Offices of Rick D. Banks at (559) 222-4891.

 

Wife’s Rights During Separation

 

Many couples are separated before they legally file for divorce. You have rights that begin during that time period as well. If your husband was the primary breadwinner, you may be able to get spousal support or “pendente lite” financial support. This is a temporary form of support meant to last during the separation prior to divorce.

 

If your husband moved out of the family home, you may be able to get money for household expenses, such as the mortgage and utilities. Depending on the difference between your incomes, you may be able to get your husband to pay half of the household expenses even if he has moved out.

 

Your husband cannot sell property while your divorce is pending. The divorce will separate all property fairly, so he cannot dispose of the property that is to be divided.

 

You have a right to the financial support of your children, even during separation and divorce. The court will likely order temporary support for children while the divorce is pending. Both parents are responsible for the care of their children, and both may have to contribute to support in some way.

 

What If the Wife Has Nowhere to Go?

 

You may have avoided divorce simply because you didn’t feel like you could support yourself or you had nowhere to go. However, even a wife with few resources has rights.

 

A court may order the husband to pay spousal support and/or give the marital home to the wife if the wife has nowhere else to go. You should not leave the home simply because your husband refuses to go or tells you to leave. You have ownership rights to your home as well.

 

Rights of an Unemployed Wife During Divorce

 

If you were a homemaker and took care of the children during your marriage, then the court may allow you to continue to be unemployed during divorce. It is rare that the court will order an unemployed wife to find employment while the divorce is still pending.

 

It is more likely that you will be awarded spousal support, child support, and other support measures that will allow you to continue your normal standard of living.

 

Your marital estate will be separated during the divorce, which includes all bank accounts, retirement accounts, and other property. You will get a fair share of these resources during the divorce.

 

Wife’s Right to Alimony

 

There is no automatic right to alimony in a divorce; however, if your husband was the primary breadwinner in your household and you are not able to continue your lifestyle without support, it will likely be awarded. You must request alimony or the court may not award it. There are many factors that go into whether or not the court awards alimony and how much.

 

The court will consider awarding alimony for a “reasonable period of time.” This may mean that you will be given time to obtain education or find a job that can support you and your children. If you do not have the same earnings potential as your spouse, then alimony may last until you remarry or no longer need the funds.

 

Contact a Divorce Attorney Today

 

We support the wife’s rights in divorce and can guide you through the legal process of making sure you and your children are taken care of before, during, and after divorce. Call Law Offices of Rick D. Banks at (559) 222-4891.

How to Protect Yourself in a Divorce

How to Protect Yourself in a Divorce Divorce Attorney in FresnoWhile it’s possible to have an amicable divorce, the truth is that it doesn’t take much for things to become adversarial. So it’s important to know how to protect yourself in a divorce, as well as take steps to safeguard you and your children.

Consider Staying in the Family Home If You Have Kids

If you move out of the family home, it could impact child custody later. Although staying in the family home may cause additional tension between you and your spouse, you should try to minimize friction. Avoid fighting in front of your children and do not resort to domestic violence or abuse.

Don’t Allow Your Spouse to Leave With the Children

You have just as much of a right to custody of the children as your spouse does. Let your spouse know that they are free to leave, but the children should stay in the family home. You may also consider a “time sharing” situation in the family home until custody and other divorce issues are determined.

Make Copies of Important Documents and Safeguard Personal Papers

During a divorce, you will need to produce an array of legal and financial documents. You will also need many personal documents to manage life after divorce. Gather all of your personal and financial records in one place so that they are safe. You should make two copies of everything and give one to your spouse.

Those documents may include:

  • Your birth certificate
  • Diplomas
  • Bank statements
  • Real estate records
  • Titles
  • Deeds
  • Tax returns
  • W2 statements

Cancel Jointly-Owned Credit Cards

Let your spouse know that you’re cancelling jointly-owned credit cards. If your spouse goes on a shopping spree and you are not yet separated or divorced, you could be jointly responsible for the credit card debt they rack up.

Take Precautions With Joint Bank Accounts

It’s common for an angry spouse to wipe out a joint bank account. Before that happens, take half of your joint balance and open a new individual account in your own name. Notify your spouse that you’ve taken your portion and make arrangements to pay shared bills.

Make a Record of Marital Property

The court will want a list of all marital property that is to be divided between you and your spouse. You should inventory your entire home and its contents. This can be done via video. Make sure you give a copy to your spouse and store the recording in a safe location. This allows it to be referenced in case things “go missing” from the family home.

Don’t Sign Anything

You should never sign anything without the presence of your lawyer when a divorce is pending. Some people will seek preliminary agreements, which are later referenced in property fights or child custody battles. These should be avoided until the court can make official orders.

Call the Police If Domestic Violence Occurs

Some divorces become volatile. If your spouse threatens or commits domestic violence against you or your children, call the police. You need to have an official record of the situation for later use in court.

Hire a Fresno Divorce Attorney Early

When it comes to knowing how to protect yourself in a divorce, probably the most important thing to remember is how crucial it is to hire an attorney early in the process. Your attorney can guide you through a difficult divorce as well as help you navigate any roadblocks. Call the Law Offices of Rick D. Banks to learn more.

Contested vs. Uncontested Divorce: What’s the Difference?

Contested vs. Uncontested Divorce Fresno Divorce LawyerEvery divorce deals with difficult issues, and has some level of disagreement. But what is the difference between contested vs. uncontested divorce?

What Is an Uncontested Divorce?

An uncontested divorce is one where both spouses generally agree on issues related to the separation and don’t have to go to court. It is typically the easiest and most cost effective type of divorce.

Relationships that work well for uncontested divorces include those:

  • With few assets and no children.
  • Where couples agree on division of assets, child custody, and support issues.

While an uncontested divorce may seem pretty straightforward, it’s still important to have the help of an experienced divorce attorney who can help you review and file all of the paperwork involved. Your attorney will also make sure that your rights are protected in the process.

Relationships that do not work well for uncontested divorces include those:

  • Involved physical or emotional abuse
  • Where child abuse is or was present
  • Where a spouse is suspected of hiding assets or income
  • When one or both spouses are attempting to alienate affections of the children

When these types of issues are present in a marriage, one spouse may try to manipulate the other. A fair agreement is unlikely to come from such a situation.

What Is a Contested Divorce?

A contested divorce is one where spouses do not agree on one or more issues in the separation. Heavily contested divorces are the most difficult and can be both time-consuming and costly.

Your attorney can negotiate with your spouse’s attorney to seek a fair outcome for everyone involved. But you’re having a difficult time agreeing on the details, you may need outside intervention to resolve things. You will need an experienced divorce lawyer to present your case before the court.

Although some people choose to go through a divorce without an attorney, this is not recommended for contested divorces. You may opt to use an attorney who offers limited scope representation, where they will help with specific areas instead of an entire divorce proceeding.

What to Issues Are at Stake in Divorce?

Regardless of whether you are moving forward with a contested vs. uncontested divorce, you will have to consider the following issues:

  • Child Custody: California courts favor joint physical and legal custody. Although you may be able to make an agreement with your spouse regarding child custody, if the court handles the situation, it will be split evenly if that is in the best interests of the child.
  • Child Support: The court will determine how much child support will be paid by which parent. Generally, child support payments are based on amount of time spent with a child, earnings, number of children, tax filings, health insurance expenses, day care costs, and special needs of children.
  • Asset Division: California is a community property state, so all assets earned during the marriage are divided equally.
  • Debt Division: Debts are considered community property. Thus, they are also divided equally.

Call a Fresno CA Divorce Lawyer Today

If you have questions about your divorce or how to navigate a contested vs. uncontested divorce, call the Law Offices of Rick D. Banks. We can help you minimize the stress involved in the process.

Does It Matter Who Files for Divorce First?

Does It Matter Who Files for Divorce First Fresno CA Divorce AttorneyEnding a marriage is never pleasant. But if you and your spouse have tried and failed to salvage your marriage, divorce may be your only option. But does it matter who files for divorce first?

While there is no right or wrong when it comes to filing first, there are some pros and cons to keep in mind.

Advantages of Filing for Divorce First

One advantage to filing first is that you can control the subsequent proceedings. Depending on whether the situation is volatile or amicable, filing first gives you the element of surprise. This can be a great tactic for fraught relationships where you know your spouse will retaliate, since you’re essentially catching them off guard.

In addition, filing for divorce first can bring the following benefits:

  • Having a say in the divorce proceedings. The spouse who files first usually gets to decide on the court dates and the jurisdiction in which the divorce will take place.
  • Getting prepared for the divorce. Since you’re the one initiating the divorce, you more than likely have more time to prepare than your ex. This will give you a chance to obtain all the necessary papers and documents before your spouse has a chance to hide money or assets.
  • Telling your side of the story first. In many instances, the court will first examine the papers that were filed first. This means that you can effectively tell your side of the story before your spouse. In addition, you’ll also have the chance to present your case first during the trial and hearings.
  • Obtaining separate property sooner. California law mandates that property and assets gained during a marriage are community property and must be divided equally. By initiating the process of divorce, you can essentially ensure that you’ll obtain separate property much sooner.
  • Obtaining immediate relief. If your spouse moves out and fails to help pay for bills or keeps your children away from you, starting the divorce process can offer immediate relief.

Disadvantages of Filing for Divorce First

With advantages comes disadvantages. You should also be aware of the negative aspects of filing for divorce first. For the most part, these negative aspects deal with money and strategy. They are as follows:

  • Alerting your spouse to your demands. When filing for divorce, you typically must list out your desires and demands. When your petition is served, your spouse gets the chance to see all your wants, which can essentially allow them develop counterattacks.
  • Paying more fees (sometimes). An individual petitioning for divorce will need to pay a filing fee. In addition, if your attorney is busy obtaining information, then you my need to pay more attorney fees.
  • Setting forth the end of the marriage. Initiating the divorce process means you’re the first to make it a reality. Since you’ve made the first move to end the marriage, there is often little chance of reconciling afterwards.

Speak to an Experienced Fresno Divorce Attorney to Learn More

Does it matter who files for divorce first? Yes, it can. But it’s important to weigh the pros and cons of doing so. An experienced divorce attorney can help you make educated decisions to protect your interests. Contact the Law Offices of Rick D. Banks to learn more.

What Is a No Fault Divorce?

What Is a No Fault Divorce Divorce Lawyer Fresno CAWhen researching your different options for divorce in California, you more than likely have seen the term “no fault” divorce. What is a no fault divorce, and how does it apply to your current situation?

What Does No Fault Mean in California?

When you file for divorce, you can base your divorce on various “grounds”. For instance, most states allow you to base your divorce on issues of wrongdoing, such as adultery, abandonment and abuse.

On the other hand, California offers a “no fault” divorce option. Simply put, this type of divorce means that you do not need to find an excuse or problem to base the separation on. If you and your spouse no longer want to be married, you can end the marriage citing “irreconcilable differences” as grounds for the divorce.

Historically, couples needed to find an excuse to file for divorce. This often meant that spouses would either make false accusations against the other or intentionally self-destruct the marriage. Both of these tactics would only lead to more heartache and pain on top of an already failed marriage. With no fault divorce, people can end an marriage without resorting to harmful schemes.

How Does No Fault Grounds Affect Divorce Cases?

Since no fault divorces do not require accusations, you do not need to prove your case in order to get divorced. By comparison, in fault based divorces, accusations of abuse or adultery require effective proof and evidence; otherwise your case can be denied.

Going even further, the grounds for a fault based divorce can also be used in other aspects of the case, such as in deciding alimony or custody. So, in states that allow fault based divorces, spouses may use the other spouse’s fault as a calculated tactic. In California, since the no fault rule can apply to all divorces, a spouse’s fault is not considered when deciding alimony or other aspects.

Because of this, the court will look at other factors pertaining to those issues, such as both party’s ability to support themselves and their mental and physical health.

However, keep in mind that when deciding child custody, a spouse’s fault can still be used against them if their fault posed a threat to the child’s health or safety. For instance, if your spouse is abusive or addicted to drugs or alcohol, the court will consider those facts when deciding custody.

Contact an Experienced Divorce Attorney to Learn More

What is a no fault divorce? The answer is simple — in California all divorces are considered no fault. If you are considering divorce, speak to a Fresno divorce lawyer who can answer your questions and provide valuable legal guidance. Contact the Law Offices of Rick D. Banks today.

How Long Does a Divorce Take in California?

How Long Does a Divorce Take in California Fresno CA Divorce LawyerHow long does a divorce take in California? The answer to that depends heavily on the level of cooperation between you and your spouse.

The more amicable you and your spouse are, the quicker and cheaper the entire process will be. That said, you should keep in mind that even the most amicable of divorces cannot be legally finalized until at least six months after the date the petition is served.

What Can Make My Divorce Take Longer?

While the minimum amount of time for a divorce is six months, the process can take longer if certain issues arise. These issues typically stem from non-cooperative partners when dealing with the following:

The issues above are important to your divorce case, and you should fight to get what you deserve. That said, however, the more cooperative you and your spouse are when it comes to settling these issues, the faster your divorce will finalize.

If you and your spouse cannot agree, you will need to litigate your case in court. Litigation is a time-consuming and expensive process that relies on waiting for an opening on the court’s calendar, as well as paying for attorney and court fees.

Make a Reasonable Settlement Offer

If you want a quick and easy divorce, you must be willing to cooperate with your spouse. The best way to demonstrate this is to take the initiative and make a reasonable settlement offer.

Make sure your offer is well thought out and consistent with the goals of the divorce. Doing this should kick start negotiations which could fast-track an earlier settlement.

But what happens if your spouse is not willing to cooperate and turns down your reasonable offer?

What If Your Spouse Is Uncooperative?

What can you do if your spouse is being unreasonable? One option you have is to file an attorney fee motion.

The purpose of an attorney fee motion is to punish any spouse that’s unwilling to cooperative and causing unnecessary attorney fees. The motion hits the uncooperative spouse with a monetary sanction in an attempt to dissuade them from continuing their unreasonable conduct. While this motion is not used nearly enough in divorce cases, it is a great tool you can utilize to help get your divorce back on track and closer to finalization.

Cooperation Is Key to Fast Resolution

If the parties involved in a divorce are Vengeful or vindictive, this will only slow the entire process down. The court does not take too kindly to such spouses. If you show the court that you’re willing to cooperate, your resolution goals will be much easier to achieve.

Consult a Fresno CA Family Law Attorney Today to Learn More

How long does a divorce take in California, and what can you expect during the process? At the Law Offices of Rick D. Banks, we can help you understand your options, as well as ensure that your divorce is as stress-free as possible. Consult with our experienced Fresno family law attorney today.

What Is Collaborative Divorce?

What Is Collaborative Divorce Fresno CA Divorce AttorneyDivorce is tough, no matter how you slice it. But a collaborative divorce can make things a lot easier, both on you and your ex. What is collaborative divorce, and how what are the benefits of going this route?

What Is Collaborative Divorce?

In a collaborative divorce, both interested parties voluntarily take part in the process in an effort to reach agreements, without taking things to court. With negotiation and mediation, both parties can walk away from the divorce knowing that they resolved issues on their own accord. This often means that both parties have an equal say on life-changing decisions, rather than leaving that up to the court.

What Are the Benefits of Collaborative Divorce?

Collaborative divorce can make the entire divorce process much less stressful for you and your ex-spouse, as well as for your children. In addition, you can also enjoy the following benefits:

  • Saves money. You don’t have to pay fees associated with fighting things out in court.
  • Saves time. You don’t have to worry about waiting for open spaces on the court’s calendar to settle your issues through litigation.
  • Avoids the courtroom. You can settle your issues in an informal setting and on your own time, which means you don’t need to waste vacation days or miss work.
  • Allows you to maintain control. You can work alongside your ex-spouse to negotiate a divorce settlement that benefits your family.

How Can You Make Collaborative Divorce Work?

The most important step to make any collaborative divorce work is to make an agreement with your ex-spouse to settle all your issues without the court. You and your ex must take the threat of litigation off the table. This usually means that you’ll need to involve other experts, such as a family law attorney and a mediator, to help you settle any issues that may arise.

Equally as important is an agreement with your ex to handle all decisions in ways that serve in your children’s best interest. Do not actually involve your children in the process, but handle every issue with the goal of reaching a settlement that puts your children first.

You and Your Ex Want a Collaborative Divorce. Now What?

If both you and your ex both agree that a collaborative divorce will benefit your family, your first step is to contact an experienced family law attorney. Meet with your attorney and lay out your goals and wants of the divorce. If any issues do arise, your attorney can bring in a seasoned mediator that’ll help you settle the disputes without the court.

When a Collaborative Divorce May Not Be the Best Option

Since collaborative divorce involves an agreement between both parties, typically these types of divorces do not work in marriages where one side has more say than the other. Which usually means that marriages that involved emotional or physical abuse or dishonesty cannot benefit from a collaborative divorce. This type of divorce will also not work if one spouse is alienating the children from the other spouse.

Contact an Experienced Fresno CA Collaborative Divorce Attorney

At the Law Offices of Rick D. Banks, we can help you through the collaborative divorce process. Contact us today to learn more.

What Is the Penalty for Hiding Assets in Divorce?

Penalty for Hiding Assets in Divorce  Divorce Lawyer  Fresno CAChances are that if you’ve thought about getting a divorce, you’ve probably also thought about how it will affect you financially. If money is already tight, the expenses associated with divorce can be more than a little worrisome. You may find it tempting to hide away money from your spouse in order to have a little nest egg once the divorce is finalized. But it’s important to remember that this is not only unethical, but also illegal. So what is the penalty for hiding assets in divorce?

Understanding the Legal Consequences of Hiding Assets

Spouses hiding assets from one another is surprisingly common. In fact, the National Endowment for Financial Education reports that nearly one-third of all couples with combined assets engage in deceptive behavior with money. And men are much more likely to hide money than women are. But while hiding money from a spouse during a marriage is dishonest, doing it during a divorce will cost you greatly.

During the divorce process, you will be ordered to sign a financial affidavit. In this document, both of your joint assets are outlined so that the court can divide them fairly. Signing that affidavit means that you’re agreeing to all the information in it to the best of your knowledge. Thus, hiding assets is a direct violation of civil law, which means you are committing perjury.

What Happens When Either Party Lies Under Oath?

Lying while under oath is considered an act of contempt to the court. Consequences of doing so typically vary from state to state, and sometimes even district to district. California judges can freely decide on the final penalty.

Let’s take a look at this famous example:

Right before filing for divorce, a woman in California won the state lottery of $1.3 million. Wanting to keep all that money to herself, she failed to disclose her winnings in the financial affidavit. When the presiding judge figured out what the woman had done, he ordered that all her winnings go to the husband.

In that example above, following California’s community property state policy, which means couples must divide their assets evenly, the woman could have walked away with about $750,000. Instead, she walked away with nothing.

What If I Think My Spouse Is Hiding Money From Me?

Here are a few signs to look out for if you suspect your spouse is hiding money from you:

  • More frequent withdrawals from the ATM
  • Big write-offs from business accounts
  • Irregularities on taxes
  • More frequent travels for business

Unfortunately, you cannot simply relay your suspicions to the court. You must have evidence of your spouse’s deception. Consider hiring a private investigator to help you obtain proof. In addition, you will need an effective legal advocate on your side.

To learn more about the penalty for hiding assets in divorce and how you can protect yourself, contact an experienced Fresno divorce lawyer at the Law Offices of Rick D. Banks today.

How Does Adultery Affect a Divorce in California?

How Does Adultery Affect a Divorce Divorce Lawyer Fresno CASince California is a no-fault state, does that mean that adultery does not affect divorce? Unfortunately, that is a common misconception. Below, we discuss what adultery actually means in context of a family law case, and how adultery affects a divorce.

What Is Adultery in the Context of a Divorce Case?

Adultery (also called cheating or infidelity) has different meanings to many different people. For instance, some may believe that having an intimate emotional attachment to someone outside a marriage is considered cheating. Others may define adultery as having sexual intercourse with someone other than their spouse.

For the purpose of this article, we will discuss adultery as as an extramarital relationship that is sexual or intimate in nature. This definition includes one-on-one extra martial relationships, dating relationships with more than one person, and paid sexual services.

How Does Adultery Affect a Spouse’s Trust?

Trust is essential for long-term relationships. Once that trust is broken, it is very difficult to regain. Adultery typically impacts a spouse’s trust significantly. In fact, it is one of the most common reasons couples break up.

Once a person loses their trust in their spouse, that sentiment can ripple through the entire divorce process. A person may feel that if their spouse could conceal their cheating, what else could they be hiding? This could make solving other issues in the divorce very complicated.

In addition, adultery also significantly impacts the emotional aspect of divorce. This can often result in poor judgement and lashing out in ways a person may not normally. Both will only further complicate the divorce process.

An experienced divorce attorney understands how these complex emotions can impact decision-making in a divorce.

How Does Adultery Affect Both Spouse’s Fiduciary Duties?

You may be surprised to learn that California law does consider both spouse’s fiduciary duties to one another. In addition, the law also requires a high duty of fair dealing and good faith.

A Hypothetical Situation

To understand how adultery affects both spouse’s fiduciary duties, let’s consider the following example:

A husband commits adultery with one extramarital relationship over the course of several years. The wife suspects the relationship, but can never fully prove it. Eventually, she gathers enough evidence to prove it, so she files for divorce.

With the above example, we want to know the following:

  1. How long did the adultery last? In this case, let’s say for three years.
  2. How much money was spent on the extra marital relationship? For our example, let’s say the husband spent about $30,000 per year. So for three years that would amount to $90,000 in total. The husband’s annual income is $400,000, and his wife is a homemaker.

Did the Husband Breach His Fiduciary Duty?

Since each spouse is a fiduciary to one another, does money spent on an extra marital affair help the community?

Logically, the answer is no. However, did that husband breach his fiduciary duty to his wife? Maybe.

These types of issues are not black and white. No section in California Family Code states that a spouse guilty of adultery must pay their spouse 50% of the money they spent on an affair. Yet, because of both spouse’s fiduciary duty, when community funds are spent, one can argue that adultery can and should lead to reimbursement from one spouse to the other.

How Does Adultery Affect a Divorce When Child Custody Is Involved?

Just because one parent commits adultery does not mean they are unfit to parent children. Most often, adultery does not demonstrate a person’s ability to parent.

However, things are more complicated if the adulterous parent engaged in prostitution or other illegal activities. Committing such acts could potentially expose children to dangerous individuals or situations. If such acts were committed, then the court should take them into consideration when determining child custody.

Speak to an Experienced Fresno Divorce Lawyer

How does adultery affect a divorce? In many ways — whether the fallout is from emotional instability, a breach in fiduciary duty, or potential exposure of children to illegal activity. If you’re going through a divorce that involves adultery, we can provide compassionate and knowledgeable counsel. Consult a Fresno divorce attorney at the Law Offices of Rick D. Banks today.