What are my rights in Divorce?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 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.
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