Legal Question in Family Law in California

My husband is having an affair outside CA, USA, He's having an affair in Phillipines

We have 5 yrs old child

What legal should can I take?

Can I sue my husband and the third party adultery?

If so, this will affect my future benefits from social security ?

Asked on 10/27/10, 3:05 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

California is a no fault jurisdiction, meaning that parties do not prove fault when they get divorced. California has also abolished actions for alienation of affection, and it would be doubtful that California would have jurisdiction over the mistress.

You need to decide whether you want to dissolve your marriage. I suggest speaking to an attorney that specializes in family law.

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Answered on 11/01/10, 8:26 am
Timothy McCormick Libris Solutions - Dispute Resolution Services

To answer your question in plain English, you cannot sue a person for adultery in California. There may be some states where you still can, but I do not know of any. The public policy in California is to keep adultery issues out of the courts and leave them to the marriage counselors. The only legal action you can take is to file for divorce. If you have lived in California for at least six months you can file in California. You don't say if your husband has relocated to the Philippines or is just having his affair when he visits there. If he has relocated to the Philippines, it complicates your case and you will need an attorney who has experience in international divorces. If he lives in California and makes trips to the Philippines, then the case would be like any other divorce. I do not have international divorce experinece myself, but I have a relationship with a San Francisco firm that does and I have international commercial litigation experinence, so that we can work together on such cases. If you would like assistance with your case, please feel free to contact me.

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Answered on 11/01/10, 9:16 am

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