Legal Question in Family Law in California
my son is married, they were married in Korea while in the military, he was stationed in ft hood tx, she still had another 6-7 months in Korea, she cheated on him, they tried to work things out when she got to ft hood my son, before he was to be deployed started having severe medical issues, ie stress, sleeping disorders and was told he was not deployable and got a medical release, the marriage was still in the process of working it out as she said he moved back to ca in nov ov 2010 after the beginning of the year jan or feb the plan was for him to move back,,, then he finds out she is pregnant by another man, at this point they are married, she is pregnant by another man and dating another married man, my son wants a divorce and for obviouse reasons of infidility, he is going thru alot of mental stress right now, what are his chances of getting granted a divorce and the cost, he has no job and is still dealing with a severe sleeping issue that was not taken care of by the military
1 Answer from Attorneys
Chances are 100% that your son will be granted a divorce; because California is a no fault state. In other words your son does not need a good reason or any reason at all for that matter, to apply for and obtain a divorce in California. The issue will be the unborn child. Unless he is willing to take responsibility for the unborn child from now until child is 18 or 19 years old -he needs to be able to show that he and his wife were living apart when baby was conceived. A married man is presumptively the child's father if conceived when husband and wife were living together. Also if he signs the birth certificate - he is legally acknowledging paternity. If he holds the child out as his own - it could also be used to legally make him the responsible father. The court filing fee is $395 in California. If your son has no income and or is receiving public relief he may qualify for a fee waiver. He should take a trip down to the local court house that handles family law cases to see what free or low cost legal assistance is available from the family law facilitator, legal aid etc. I charge a $1500 flat fee for an uncontested divorce (does not include filing fee or serving other side with divorce papers) Retainer would be $3000 for a contested divorce and my hourly rate is $300 per hour - see web site. www.thebeachlaw.com
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