What legal actions can I take if my wife is stay-at-home momandhascheated on me?

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What legal actions can I take if my wife is stay-at-home momandhascheated on me?

I married my wife 2 years ago. She already had a child with someone else and was carrying our child at the time. About a year ago, I discovered she was cheating on me. I tried to work things our for the children. Also, I work a lot and am the only monetary provider to the family. She stays at home and takes care of the kids. I thought we were working on resolving our issues but I recently discovered that she is still seeing the other man. I heard in situations like this, although she is the cheater, that not only will she take the kids but the house (that I bought) as well. Is that true?

Asked on November 11, 2011 under Family Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Every situation is different; there is no way to give a general answer to your situation. You should consult with a family or divorce law attorney, to understand your rights.

That said, some general principals:

1) If one spouse supported the other in marriage, then generally the bread-winning spouse will have to pay support to the other, at least for some period of time; the law does not make someone who did not work suddenly fend for him or herself.

2) Children will generally go to the custody of the spouse better able to care for them--the court looks to the children's best interest, and does not care what transpired between the spouses. This will usually be the one who provided most of the care while married.

3) Whichever spouse does not get child custody will have to pay child support.

4) Assets and property acquired during marriage, including a home, will be divided in some way. Sometimes that means one spouse gets the home while the other either gets more of the other assets or gets a reduction in other obligations.

The fact of adultery is not actually very important in determining support and dividing assets anymore.


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