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Questions about Laws on Extra Marital Affair

Extra marital affairs can devastate a marriage. Many people do not even realize the far reaching legal impact that they can have. Someone having an extra marital affair can have questions about legal implications, just as much as someone who has discovered a spouse’s extra marital affair. Below are the most common questions about extra marital affairs answered by Family Lawyers on JustAnswer.

In California, is there a legal recourse against someone that had an affair with someone’s spouse?

Most states including California see extra marital affairs as being immoral, not illegal. As such, there is usually no legal recourse against the third party in an extra marital affair. Most states have revoked the alienation laws and legal action is usually not an option. The only legal action that can be taken would be against the spouse indulging in an extra marital affair -- by filing for a divorce.

Is it illegal to expose a spouse’s extra marital affair?

ask a Family Lawyer on JustAnswer for Expert insights and opinions on the specifics of your case.

How does the existence of an extramarital affair affect the settlement in a divorce case?

The courts normally do not exact retribution in divorce cases. The court does however seek to divide the marital assets equitably. Usually, the fact that one spouse has had an affair has no bearing on the court’s decision. However, if the affair has an obvious economic impact on the marriage, it may be possible for the other spouse to get some compensation for it. Infidelity generally has no impact on the division of property except for alimony, and then too, only as a matter of fairness, not retribution.

When separation papers are filed, can a spouse demand that children are not near the spouse involved in the extra marital affair?

Usually, a person can request this if it can be proved that the spouse involved in the extra marital affair poses a threat to the children. Generally, most parents use the argument that it is not in the best interest of the child to be exposed to immoral behavior. The courts usually make an intensive examination of the facts when deciding whether or not to allow the prohibition.

If a child is born from an extramarital affair, can the putative father demand paternity test or gain custody?

When a child is born out of an extramarital affair, couples sometimes choose to repair their marriage and raise the child. However, the putative father may want to know if he is the child’s father and can request a paternity test through court. If the test determines that he is the father, he could get visitation rights and may also be expected to pay child support. There is the chance that the putative father could file for custody of the child and request that the mother pay child support.

When dealing with an extra marital affair and divorce, you need all the experience and expertise that you can garner on your side. This is usually no time to take friendly advice from your friends and family. Discussing an extra marital affair can also be embarrassing. One option available under such circumstances is to ask a Family Lawyer on JustAnswer. The Experts on JustAnswer can assess the particulars of your case and provide legal insights and their Expert opinion quickly and affordably.
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Recent Extra Marital Affair Questions

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    I need someone that's knows military law, my son in law is a deployed marine in Afghanistan, he just left april 21 2014, will be gone for 7 to 9 months. His wife, My daughter had an extra marital affair, a child was born here in new jersey, court ordered DNA test results came back after he was deployed to find out the other guy was the biological father of the 18 month old. Many issues came up to the point were NJ dept of child protection and perm. [ DYFS] took custody of both my daughters children. we have the 18 month old with us under temp. foster care and her husbands parents have the three year old who is my son in laws son. Of course everyone is trying to reunite my daughter with both boys. Now we are told that the other guys parents are [ going ] to get a lawyer to go after custody of the 18 month old thereby splitting up the two brothers. The 18 month old was born into a legal marriage here in NJ, his birth certificate has my son in laws name on it. First can they take away my son in laws parental rights when he is not here to defend himself with counsel? further can the other grandparents and or so called father get custody of the 18 month old
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    Hello! I live in California. My husband and I are going to be separating due to his extra marital
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