Legal Question in Family Law in California
adultry
My brother is in the Military and wants to divorce. She once agreed and now she wants to cause him as much trouble as possible. My ? is, if he files for divorce in Ca, will she be able to counter sue for adultery(and possibly get him dishonorable discharged) and will he have to appear in court. I understand that Ca is no fault. So if she is contesting, does he need to be in court.
Since returning from the war, he has ben restationed to Spain. So appearing is not possible for him.
Thank you from him in advance.
C~
3 Answers from Attorneys
Reply: adultry
California is a no fault divorce state, and as a result, there can be no claims of adultry or other purported "fault" issues.
He would not have to appear if his divorce is stipulated or uncontested, however, if it is contested, he would have to be available to appear in person. Sometimes an appearance by telephone can be arranged.
I suggest that your brother consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: adultry
Although adultry would not be an issue in a California divorce, she could contact the military and report his conduct to his commanding officer.
Re: adultry
He'll have to show up. The adultry will likely not be a problem. Call for a consultation.
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