Legal Question in Family Law in California

Adultry

My wife committed adultry and now i want to divorce

her. But she has all the right to take my 401k and

Esop and maybe even my daugther. What kind of rights

do I have? When the law sides the women at all times

Why em I being punish for this..


Asked on 8/23/00, 12:25 am

2 Answers from Attorneys

Matthew Kremer Law Offices of Matthew M. Kremer

Re: Adultry

This is a no fault state. You're not being singled out for punishment. She will get 1/2 of the community interest in the 401k and ESOP.

Look at it this way: if you had committed the adultery, the court would not give her more than 1/2,to punish you. So if the law is even handed, it does not "side with women at all times".

You might consider marital counseling. I know it's not easy, but if other things in the marriage are good, one mistake might be something the two of you can overcome.

Good luck.

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Answered on 9/29/00, 1:04 pm
Diana Mercer Peace Talks Mediation Services

Re: Adultry

The previous response contains solid advice. I'm sorry to hear of your troubles, but good luck in sorting it all out.

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Answered on 9/29/00, 9:45 pm


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