Legal Question in Family Law in California

If in California a Married woman cheats on her husband after 22 years of marriage. they both file for divorce, The Husband makes the money, the wife has no stable income and seems mentally unfit. who will most likely get custody of the children. 2 are already adults, the daughter is 16, and the youngest is 14.


Asked on 4/24/12, 7:54 pm

1 Answer from Attorneys

Rhonda Ellifritz Law Offices of Rhonda Ellifritz

Nobody can tell you who is more likely to get custody based on this information. California is a no-fault state, so in general,cheating has nothing to do with the divorce or the children. The argument of who makes the most money can easily be changed by a court order for support, so that is a losing argument, especially since a marriage of 22 years exposes the spouse making more money to an obligation of lifetime spousal support. Finally, to say that the woman seems mentally unfit is not very strong based simply on that statement. I can walk down the hallway of any family law courthouse and each litigant will tell you without a doubt the other is mentally unfit, crazy, etc. For further information, visit http://www.ellifritzlaw.com

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Answered on 4/24/12, 9:15 pm


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