Am I still entitled to support if I had an affair? 31 Answers as of July 11, 2013

Am I still entitled to support? I am recently separated from a 5 year marriage with 4 kids and no job. I am starting school in a week and was evicted from our home for non payment of rent. My husband moved in with his family and my kids are staying with mine. I am the adulterer. Does that mean I lose all my rights for any type of support from my husband? Child support? Alimony? Our rent at my family? Car insurance to drive the kids around? Expenses for daycare for my baby so I can attend school full time?

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Reza Athari & Associates, PLLC | Armand Fried
The fault in causing the divorce is separate from spousal support, but a 5 year marriage is a little short-term for spousal support. Child support is an entirely different issue - you get that no matter what.
Answer Applies to: Nevada
Replied: 10/28/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
California has no-fault divorce. You don't lose your rights to support or property because you committed adultery. You should immediately consult with an experienced Family Law Attorney regarding your divorce.
Answer Applies to: California
Replied: 10/27/2011
Alfred Law Firm
Alfred Law Firm | Janice Alfred
Child support will not be affected by your actions because the support is for the benefit of your children together. However, it may be used against you during divorce to negate or minimize your ability to collect alimony or spousal support.
Answer Applies to: Georgia
Replied: 10/26/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Child support is completely separate from all other support. Alimony is unconstitutional in Texas. Temporary Spousal support is very difficult you have to prove you are the victim of family abuse or that you were married 10 years just to ask, and adultery does muddy that water pretty bad. Adultery does not mean you loose rights, but I want to point out you are asking about stuff that does not exist in Texas anyway. The Court can and may, depending on the circumstances, order him to pay car insurance etc. during the interim, but not post divorce. When the divorce is over, you will be on your own.
Answer Applies to: Texas
Replied: 10/26/2011
Meriwether & Tharp LLC
Meriwether & Tharp LLC | Patrick Meriwether
Adultery is a bar to alimony. It is not a bar to child support.
Answer Applies to: Georgia
Replied: 10/26/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    An affair has absolutely no bearing on any support you would be entitled to in a divorce. You are still entitled to 1/2 of the community property, child support, 1/2 of daycare and spousal support. California is a no fault state therefore any evidence or statements about your affair would be irrelevant.
    Answer Applies to: California
    Replied: 10/26/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Generally you can get child support after adultery but usually lose alimony. Adultery also could affect you getting custody at all. You need a very good lawyer asap.
    Answer Applies to: Georgia
    Replied: 10/26/2011
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    No. Spousal support can be temporary or permanent and depends on a whole host of factors, only one of which is whether there is infidelity. Child support is completely independent of infidelity. Support is to maintain the parties "in the manner to which you have grown accustomed." If you were living like a queen before, you cannot expect to maintain that lifestyle, but infidelity is not a license to throw a person out on the street, so to speak.
    Answer Applies to: New Jersey
    Replied: 10/25/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    In California, the reason for divorce is irrelevant to the issue of spousal or child support. I.e., the answer to your question is "no," you do not lose rights to support (spousal or child support) because you had an affair. California is a "no-fault" divorce state.
    Answer Applies to: California
    Replied: 10/25/2011
    Attorney Paul Lancia
    Attorney Paul Lancia | Paul Lancia
    Yes.
    Answer Applies to: Massachusetts
    Replied: 6/3/2013
    Lana Panagoulia Law, PLLC
    Lana Panagoulia Law, PLLC | Lana Panagoulia
    Assuming a Michigan court has jurisdiction: Your children have a right to child support. Your affair may be relevant to your moral fitness under certain fact scenarios; however the children reside with you currently and should be supported.
    Answer Applies to: Michigan
    Replied: 10/25/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Your extramarital affair has no bearing on your right and need of spousal support.
    Answer Applies to: California
    Replied: 10/25/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    An affair could potentially affect alimony; however, any expenses related to the kids would not be affected at all, nor would child support. You should consult with an attorney.
    Answer Applies to: Florida
    Replied: 10/25/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend you sit down with your own divorce lawyer and discuss all the facts, along with your rights and options, and the impact of a fault ground such as adultery on a divorce in Georgia. Good luck.
    Answer Applies to: Georgia
    Replied: 7/11/2013
    Palomino Law Firm, P.C.
    Palomino Law Firm, P.C. | Debra Palomino
    Arizona is a no fault divorce state, therefore, the affair will not affect your right to claim support.
    Answer Applies to: Arizona
    Replied: 10/25/2011
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    You may not be entitled to "support" at all. You have only been married for five years. You have no entitlement at that stage. Are the four children, children of the marriage?
    Answer Applies to: New Jersey
    Replied: 10/25/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Adultery is irrelevant unless it effects the court's view of you as a fit parent or constituted waste. Both are unlikely.
    Answer Applies to: Washington
    Replied: 10/25/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    Yes you are entitled to support etc.
    Answer Applies to: California
    Replied: 6/3/2013
    Law Offices of Mendlovitz & Sanchez
    Law Offices of Mendlovitz & Sanchez | James V Sanchez
    California is a no-fault state for divorce (dissolution). Therefore your adultery in and of itself has no bearing on your support issues.
    Answer Applies to: California
    Replied: 10/25/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Spousal support detminations are made on a myriad of factors without shard to fault, including infidelity. A review of the financial circumstances would be required to make any assessment of potential spousal suppor, including the length of the marriage. On a short term, five year marriage, any lengthy spousal support is unlikely.
    Answer Applies to: Minnesota
    Replied: 10/25/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    The statute says that the court is to make a fair and equitable division of all of the property and debts without regard to "marital misconduct." Therefore, the mere fact that you had an affair should not impact the division in your case.
    Answer Applies to: Washington
    Replied: 10/25/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    In most cases, the courts in New Jersey do not base decisions on who committed adultery.
    Answer Applies to: New Jersey
    Replied: 7/11/2013
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    Your affair has no impact on the support you will receive.
    Answer Applies to: Oregon
    Replied: 10/25/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    No, in Wisconsin, fault is not considered in a divorce. Everyone has the same rights to support, property division, etc.
    Answer Applies to: Wisconsin
    Replied: 10/25/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    There are a lot of factors in considering whether alimony is appropriate. Your affair will definitely have an impact on property division.
    Answer Applies to: Michigan
    Replied: 10/25/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    Arizona is a no-fault state, so marital misconduct will not affect your rights regarding division of assets, child support or spousal maintenance; those issues are all governed by statute, and I recommend you speak with an attorney to determine where you stand.
    Answer Applies to: Arizona
    Replied: 10/25/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    The cause of the breakdown is only one of many factors a court must weigh for purposes of alimony and property distribution. If you are the custodial parent you will receive child support.
    Answer Applies to: Connecticut
    Replied: 10/25/2011
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