What are my rights in Divorce?
UPDATED: Oct 1, 2022
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What are my rights in Divorce?
Just found out my husband has been cheating on me, i would like to know whats
my rights are and what will come of divorce?
Asked on July 17, 2018 under Family Law, California
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
There is no general answer, since the facts--how long you were married; do you and your husband both work and, if so, who contributes how much; when was property acquired, by whom, and how; are their minor children and who is the primary caregiver; etc.--are critical. To provide some guidance or principles:
1) Anything acquired during marriage (real estate, money, investments, vehicles, jewlery, electronics and furniture, etc.) is "community property" unless it was inherited by one spouse or gifted to one spouse only, in which case it is "separate property" (see below). All community property is split or divided between the two of you.
2) Each of you keeps his or her "separate property"--that is, anything owned premarriage, inherited, or received as a gift.
3) Debts and obligations (like credit card debt, loans, etc.) acquired during marriage are also "community property"--you will both be responsible for them.
4) Generally, the spouse who earns more will pay some level of spousal support ("alimony") to the other for at least several years. How much is paid and for how long depends on the difference in their current and resasonably potential incomes--the more spouse A makes and can make compared to B, the more A will pay.
5) Whomever took more care of the children (if any) will generally get custody.
6) The noncustodial parent will pay child support to the custodial one.
The infidelity does not matter--assets, support, etc. is based on the facts set forth above.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.