Extramarital Affair Questions
Having an extramarital affair can devastate a marriage. Many spouses may want to seek legal recourse against the other spouse. While this is immoral there are also some laws that one can use to their advantage. Read below where Experts have answered questions for others in this situation.
In California, is there a legal recourse against someone that had an affair with someone’s spouse?
Most states including California see extramarital affairs as being immoral, not illegal. As such, there is usually no legal recourse against the third party. Most states have revoked the alienation laws and legal action is usually not an option. The only legal action that can be taken against the spouse would be filing for a divorce.
How does an extramarital affair affect the settlement in a divorce case?
The courts normally do not exact retribution in divorce cases. It will, however, seek to divide the marital assets equitably. In most cases, the fact that one spouse has had an affair has no bearing on the court’s decision. If the affair has an obvious economic impact on the marriage, it may be possible for the other spouse to receive some compensation for it. Infidelity generally has no impact on the division of property except for alimony and then only as a matter of fairness, not retribution.
During a separation can a parent demand the children are not around the spouse involved in an extramarital affair?
A parent can request this if it can be proven that the spouse involved in the extramarital 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?
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 extramarital affair and/or 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. One option available under such circumstances is to ask an Expert Family Lawyer on JustAnswer. The Experts can assess the particulars of your case and provide legal insights quickly and affordably.