Legal Question in Family Law in California

My wife cheated on me and weve been going through a divorce for over 3 years. I can not prove that she cheated on me and thats the reason for the divorce, she cited irreconcilable differences. Since i cant prove she cheated and moved out my house into the house of her boyfriend where shes resided with my child for over 3 years, I have to pay alimony. Shes lied about community debt as well as her residence, is there anything i can do? can i figure out how to get proof and try to get full custody of my daughter? or is it best to give her what she wants and be done once and for all?


Asked on 8/07/11, 5:13 pm

2 Answer from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

Division of property and debt are not based on fault in California. Spousal support is not based on fault but a number of factors including incomes of the parties and standard of living during the marriage. However, if your ex is cohabiting with her boyfriend, this arrangement can raise the presumption that her new relationship is contributing to her financial needs thereby putting you in a position to request from the court a termination or reduction of her spousal support. By the nature of the concerns raised in your question, it is clear you would benefit from a better understanding of your legal rights by consulting with a skilled family law attorney.

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Answered on 8/07/11, 6:10 pm


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