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After thirty years of marriage, what am I entitled to since my husband cheated?

After thirty years of marriage, what am I entitled to since my husband cheated?

Full question:

After 30 years of marriage, I found out that he has been having an affair for the last 6 years. I told him to leave and within 2 hours he was living in her house in another city. We have one minor child at home and he just informed me that all the money is gone, after spending a few thousand on furniture, not to mention the limos, wineries, trips, tools, etc. Any recourse or suggestions? I'm not out for blood but don't mess with my children!

Category: Divorce
Date: 04/07/2025
State: California

Answer:

Please see the information and forms at the following links:

http://lawdigest.uslegal.com/divorce/state-law-summary/622/

http://lawdigest.uslegal.com/divorce/state-faq/6927/

http://www.uslegalforms.com/divorce/california-divorce-forms.htm

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What should I do if my spouse is hiding assets during divorce?

If you suspect your spouse is hiding assets, it's crucial to gather evidence of their financial activities. You can request full financial disclosure during divorce proceedings. If necessary, your attorney can help you file a motion to compel them to reveal hidden assets. Courts take financial misconduct seriously, and you may be entitled to a larger share of marital property if your spouse is found to have concealed assets.

How does infidelity affect child custody decisions?

Infidelity can impact child custody decisions, but it is not the sole factor. Courts primarily consider the best interests of the child, including the stability and environment each parent can provide. If the affair affects the child's well-being or the parent's ability to care for them, it may influence custody arrangements. Consulting with a family law attorney can help you understand how this may apply in your case.

Can I claim spousal support after my spouse's affair?

Yes, you may be eligible for spousal support (alimony) even if your spouse had an affair. Courts consider various factors, including the length of the marriage, financial needs, and the standard of living during the marriage. If your spouse's financial misconduct has affected your economic situation, this may also be taken into account when determining support.

What evidence do I need to support my claims of financial misconduct?

To support claims of financial misconduct, gather documentation such as bank statements, credit card bills, receipts, and any records of unusual spending. Keep a detailed account of your spouse's expenditures that seem unrelated to marital needs. This evidence can be crucial in court to demonstrate financial irresponsibility or concealment of assets.

How can I protect my financial interests during a divorce?

To protect your financial interests during a divorce, it's important to consult with a family law attorney who can guide you through the process. Ensure you document all assets and debts, and avoid making significant financial decisions without legal advice. Consider opening separate bank accounts and securing important financial documents to safeguard your interests.