Thank you Ms. Allen,
Let's start with the basics. California is a "no-fault" divorce state. This means that a divorce will be granted where there are irreconcilable differences between spouses. In your situation, the only question that must be answered by the court is how to divide up your property.
California is a community property state. Community property is all property that was acquired during the marriage. This property will be divided equally (50-50) by the court if the parties are not able to come to an agreement.
For the purpose of division of property
on dissolution of marriage or legal separation of the parties, property acquired by the parties during marriage in joint form, including property held in tenancy in common, joint tenancy
, or tenancy by the entirety, or as community property, is presumed to be community property. This presumption is a presumption affecting the burden of proof
and may be rebutted by either of the following: (a) A clear statement in the deed or other documentary evidence of title
by which the property is acquired that the property is separate property and not community property. (b) Proof that the parties have made a written agreement that the property is separate property.
Where economic circumstances warrant, the court may award an asset of the community estate to one party on such conditions as the court deems proper to effect a substantially equal division of the community estate.
As an additional award or offset against existing property, the court may award, from a party's share, the amount the court determines to have been deliberately misappropriated by the party to the exclusion of the interest of the other party in the community estate.
Debts incurred by either spouse after the date of separation but before entry of a judgment of dissolution of marriage or legal separation of the parties shall be confirmed as follows: (a) Debts incurred by either spouse for the common necessaries of life of either spouse, in the absence of a court order or written agreement for support or for the payment of these debts, shall be confirmed to either spouse according to the parties' respective needs and abilities to pay at the time the debt was incurred. (b) Debts incurred by either spouse for nonnecessaries of that spouse for whom support may be ordered shall be confirmed without offset to the spouse who incurred the debt.
Debts incurred by either spouse after entry of a judgment of dissolution of marriage but before termination of the parties' marital status or after entry of a judgment of legal separation of the parties shall be confirmed without offset to the spouse who incurred the debt.
Emotional abuse and evidence of a cyber affair will weigh against the abuser and cheater when the court divides the property. However, this only comes into play if it is a contested divorce. Most divorces are entered into after the parties agree as to the division of the community estate. Contested divorces are expensive and require lawyers to handle, so most people simply opt to come to an agreement and go to court with the agreement to get a divorce.
In your case, the only marital asset you have identified is the house.
Was the house purchased before or after you were married?
Income earned while you were married is also community property. So are bank accounts, etc. You have a right to 50% of all community property assets. Money earned before marriage is not community property and you do not have a right to any of this, if there is any.
I need a better understanding of what your community property assets are to give you further information.