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InformationForYou, Family Law Attorney
Category: Family Law
Satisfied Customers: 1956
Experience:  18 years as a family law attorney, adjunct law professor
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My sons wife committed adultery for a period of one year while

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My son's wife committed adultery for a period of one year while they were married. She moved out of the house and continues to see her boyfriend. They have a separation although it is not a legal one. They have two children and share custody of them equally. She wants him to file for divorce but he won't and wants her to file. They will have been married for 10 years next month. We live in California which is a no-fault divorce state so I don't see why she doesn't file. Does she stand a better chance at more alimony if he files rather than her?

Usually it is irrelevant to an award of spousal support whether a oerson is the original filer or not. There are other reasons though that may explain why she hasn't filed: if she is insured by your son (through his job), she may want to remain married to retain her health insurance benefits (which otherwise cease upon divorce); she may want to remain married because her boyfriend may be pushing for her to immediately marry him once she is divorced and she may not wish to do that; she may want to remain married so she doesn't have to pay a lawyer to file and proceed with the divorce; or maybe she isn't sure she wants a divorce.


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