Legal Question in Family Law in California
Together 13 yrs total. Married 7yrs this July.
Husband caught cheating for past 6 months and continues affair.
We have two small children, own a home, car and I moved him into another room because he wont end his affair and will not leave the house.
What can I do to protect myself and my children for a messy divorce. I don't wan't to move out, but do have a place to go if I needed to and take the kids, but I can't live under the same roof as him and he says he's not ready to get a divorce.
I think he has already talked to a lawyer or legal advisory and is stringing me along until I make the choice to file for divorce or move out on my own, but I don't want to be screwed if I do any of that.
What are my rights? I want to take him for all he has. I did not ask for this affair, I did not want this affair and I have been trying and wanting to fix the problems until I discovered the affair. Now my children's well being is being compromised.
I filed for restraining order on his girlfriend. Because she threaten me over text and I just found out that my husband has taken my children around her with our my knowledge or consent. They are being exposed to his affair. Confusing them.
I NEED HELP!
2 Answers from Attorneys
Unless for some reason you want to stay married to this lout, you need to find an attorney, file for divorce, and accompany the filing with a motion for immediate sole possession of the family home, along with a motion for custody and support.
Tim is absolutely right. Waiting until your husband takes legal action can complicate things later.
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