All You Need To Know About Divorcing a Cheating Wife
Your wife cheated. That unfaithfulness hurt, even if you suspected it. Now you are divorcing your wife who cheated and you have conflicting emotions. On the other hand, you would like to keep it amicable because you do not want your emotions to get the better of you. According to a divorce attorney in Orange County, simply because your wife cheated, does not mean your divorce has to be high conflict. However, you would like to know if her cheating matters. And if the cheating does matter, how?
The majority of people know California is a no-fault state. However, the majority of people do not know what that actually means. A no-fault state means California allows a divorce depending on conflicting differences and regardless of who was at fault for the fault. A no-fault state does not mean misconduct during the marriage is irrelevant in the divorce.
For instance:
a. Hiding assets or money during the marriage can directly have an effect on division of those assets during a divorce
b. Child abuse during the marriage directly have an effect on child custody and therefore child support issues during the divorce
c. Domestic violence during the marriage can directly have an effect on a divorce issue such as spousal support
Every expert San Bernardino divorce attorney suggests that the above are just three examples of how “fault” which is synonymous with misconduct during the marriage directly have an effect on issues spouses deal with in the subsequent divorce.
My wife spent out money on the person with whom she cheated
Husbands and wives are fiduciaries to one another. That means they have the highest duty of loyalty. However, this duty of loyalty relates to financial transactions between husbands and wives, or transactions with 3rd parties.
Cheating by a wife violates the fidelity spouses owe to one another but it is not, by itself, actionable in the divorce case. Cheating is however actionable if your wife spent community property money or otherwise harmed the community financially by her conduct.
My wife is still with the person with whom she cheated and he is a dangerous character
Husbands sometimes ask a practiced Riverside divorce lawyer, “How can it trust my wife with the case of our children after she cheated?” The majority of times, they do not know. That is where an investigation may turn out to be necessary if there are facts that support this concern. Child custody decisions focus completely on the best interests of a child or children. Your wife cheating on your is not a fact, by itself, the court will care about.
However, if the person with whom she cheated is a safety danger to the children, the court will care. You can carry out formal discovery, which includes subpoenas, depositions and/or written questions to find out more about this other person.
If you are also one of those whose wife cheated and preparing to file a divorce, meet Sunita Sood. She is the best divorce lawyer in Orange County that you can count on. Contact The Law Offices of Sood and Sood today!
