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

UPDATED: Nov 11, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

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.

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