Will the fact that my spouse is cheating on me affect my divorce? 20 Answers as of May 18, 2011

I am a disabled woman and I have proof of a cheating husband. What can I do or receive if I want a divorce?

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John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
No. Simply stated, in Colorado all it takes to get divorced is to tell the court you no longer wish to be married because the marriage is irretrievably broken. Adultery is totally irrelevant to anything.
Answer Applies to: Colorado
Replied: 5/18/2011
Fredric H. Aaron, Attorney at Law, P.C.
Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
First, I am sorry to hear of your disability and that your husband has cheated on you. I imagine this must be placing an emotional strain on you. Unfortunately, while adultery is a ground for divorce in New York State, it is rare that a judge will allow the fact that your husband has cheated to affect the equitable distribution of marital property in the divorce. However, your disability may be grounds for seeking maintenance (the New York term for "alimony") as well as a special distributive award, particularly if it can be shown that your disability has caused you to depend on your husband for economic support during your marriage.
Answer Applies to: New York
Replied: 5/18/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
That is one of many statutory factors a court must weigh.
Answer Applies to: Connecticut
Replied: 5/18/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
California is a 'no fault' divorce state. It doesn't matter who is cheating on whom. You are probably entitled to alimony/spousal support. You can always file for divorce (a 'dissolution'). Check with your local courthouse. Usually, there are prepackaged groups of forms the Court provides. You can also sometimes speak with a Court Facilitator to help you complete forms, or even attend a workshop at the Courthouse. It depends upon your jurisdiction.
Answer Applies to: California
Replied: 5/17/2011
Glenn E. Tanner
Glenn E. Tanner | Glenn E. Tanner
His cheating is irrelevant unless it a) constituted a waste of assets b) effected your ability to work c) impacts his parenting.
Answer Applies to: Washington
Replied: 5/17/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Divorce courts are courts of equity. They will do what they think is fair under the circumstances. They are to consider the cause of the breakdown when rendering their judgment. Stay well.
    Answer Applies to: Alabama
    Replied: 5/17/2011
    Berner Law Group, PLLC
    Berner Law Group, PLLC | Jack Berner
    If you reside in Western Washington, feel free to call me to schedule a free initial consultation-either in person or by phone-about your situation. Washington is a "no-fault" divorce state.
    Answer Applies to: Washington
    Replied: 5/17/2011
    Michael Rose Attorney at Law
    Michael Rose Attorney at Law | Michael Rose
    No. Cheating or not cheating you can get a divorce.
    Answer Applies to: California
    Replied: 5/16/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Speak to a lawyer and sue him for divorce. You may have two grounds, adultery and No Fault and I could plead both causes of action in case one cannot be proven for some reason. Whether he is cheating on your or not, it has very little to do with what type or amount of recovery you will receive from him. Again, speak to a lawyer. Good luck.
    Answer Applies to: New York
    Replied: 5/16/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Minnesota is a no fault divorce state. Infidelity would not affect any of the legal issues.
    Answer Applies to: Minnesota
    Replied: 5/16/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    While fault is a consideration in a divorce, these days it would only have a modest effect, at best, on any distribution of asset and debt. If you want a divorce, you would have to file a lawsuit seeking that. If you can afford an attorney, I would suggest hiring one. Otherwise, the forms you would need are available at the courthouse and on line.
    Answer Applies to: Connecticut
    Replied: 5/16/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    In Washington the fact that the husband is cheating is unlikely to affect anything.
    Answer Applies to: Washington
    Replied: 5/16/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    The legislature did away with fault in getting divorces, decades ago. The fact that your husband has been unfaithful to you is thus irrelevant as a ground for your divorce. All that is needed to get a divorce is irreconcilable differences. If you are disabled, you evidently need Spousal Support, and if there is any community property, you should pursue your share of community property. If your husband has been using community funds to support his relationship with his girl friend, or if he has been paying her expenses or buying her gifts, you may have grounds to seek reimbursement of those expenditures on behalf of the community, and to pursue remedies for his breach of fiduciary duty. You should consult and preferably retain an experienced Family Law Attorney to advise and represent you in your divorce.
    Answer Applies to: California
    Replied: 5/16/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    Washington is a "no fault" State. Thus, cheating will likely not be relevant.
    Answer Applies to: Washington
    Replied: 5/16/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    This is a no fault divorce state, which means it does not make any difference to the court why a divorce is happening. The issues of a divorce, aside from custody and child support (which I will assume do not apply here) are the division of assets, debts, retirement accounts, personal property, bank accounts and in appropriate cases spousal support (alimony). Spousal support hinges on several different statutory factors which can be found at ORS 107.105 (1)(d) (A) transitional spousal support (B) compensatory spousal support (C) maintenance spousal support. I have done divorce work for over 29 years so call me if you need to hire an attorney.
    Answer Applies to: Oregon
    Replied: 5/16/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    California is a "no-fault" divorce state. Meaning, that whether a spouse cheats or not, which is the cause of divorce, has no relevance to typical divorce issues, such as dividing community property, establishing custody, visitation, spousal support, etc. In short, it's irrelevant. If you decide you want a divorce, then you check a box on the divorce petition that says "irreconcilable differences." If you want help with the divorce process, you can get free assistance at your local county court "self-help" center. Go online and look up your local county court, go to the family law section, and review info about opening a case and getting free assistance. If you can afford a lawyer, then that would be the best alternative to seeking assistance. Good luck!
    Answer Applies to: California
    Replied: 5/16/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    California is a no fault divorce state. Bad conduct, such as adultery, doesn't matter. If you are in my area and need an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 5/16/2011
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