Legal Question in Family Law in California
Is adultery and mental cruelty grounds for divorce?
I filed a claim against my pastor for pastoral abuse. I was forced into a sexual relationship with him. I seperated from my husband and told him about the relationship. Now he has filed for divorce on the grounds of adultery and mental cruelty. He wants full custody of the kids; although, they have always been with me. Does he have a chance of obtaining custody and is this grounds for divorce?
5 Answers from Attorneys
Re: Is adultery and mental cruelty grounds for divorce?
Stop worrying about his threats and get moving. Retain an attorney to represent you and then take action to obtain custody of your children. The court looks to who was the primary care taker during the marriage. Work with the children to insure that they do well in school. Do not disucss the matter with them. Insure them that they are loved and should continue to love both parents.
Re: Is adultery and mental cruelty grounds for divorce?
Dissolution of the marriage or legal separation of the parties may be based on either of the following grounds, which shall be pleaded generally:
(a) Irreconcilable differences, which have caused the irremediable breakdown of the marriage.
(b) Incurable insanity.
It is likely that the court would determine this "adultery" reasonable grounds, moreover CA is actually a no-fault state, and in many cases simply claiming irreconcilable differences is sufficient for many courts.
In regards to your children, you face an uphill battle, as the court may believe you violated the sanctity of your marriage. If you need help with this situation my office handles these issues frequently. Please call to schedule an appointment.
619.866.3535
JDH, Esq.
Re: Is ery and mental cruelty grounds for divorce?
I hope you have an attorney in you ual abuse claim against the pastor. If not, I would consider representing both cases, call me at 16192223504. Custody will be decided upon the best intersests of the children, the ery should not be relevant. ery was a cause of action before no-fault divorce in which irreconcilliable differences is alleged in most dissolution cases.
Reply: Is adultery and mental cruelty grounds for divorce?
In a general sense, Califonria is a no fault divorce state, and as a result, adultery and mental cruelty are non-issues.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Is adultery and mental cruelty grounds for divorce?
No, those are not grounds for a divorce. Nor are they relevant to a custody proceeding. That said, he's entitled to a divorce if he wants one. I offer free consultations and my rates are reasonable.