Legal Question in Family Law in California
I was arrested for spousal rape after consensual sex with my soon to be ex wife. She had already filed for divorce and i had a momentary lapse of judgement when she was offering sex. At this time, the DA's office has not pressed any charges and it doesn't seem like she is. She is attempting to use this to keep me out of the house and receive more in the divorce. In hindsight it was an obvious bait but i didn't think she'd pull this move.
Is there anything i can do? Go after her for defemation of character or malicious prosecution ? She is looking to receive an ungodly about of alimony and her pick of our belongings plus i will have to sell our house (which i exclusively pay for). She has not been willing to work during our marriage and we have no children. She has a college education but doesn't use it. I feel like i'm supposed to be the pay day for the next several years over this.
What can i do to protect myself and reverse this situation?
2 Answers from Attorneys
In addition to what Mr. McCormick stated, I would suggest that you stop having sex with your soon to be ex-wife.
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