Sunday, June 26, 2011

WILL MY MARITAL AFFAIRS AFFECT MY DIVORCE?

QUESTION: What will happen if I was at fault for divorce? I have been married 17 years. We have 2 children, a 10 year old son and a 14 year old daughter. Over 17 years we had 2 affairs. We should have divorced a long time ago but due to the kids and bills stayed married. W just went thru bankruptcy and have spent the last 1 month living apart. My son lives with me and my daughter with my wife at her parents. A couple of weeks ago wife decides she was going to keep my son, allowing me to see him when she decides. My son wants to be with me! So the question is: what happens in a divorce if I was at fault (affairs)? I will not contest divorce. I am scared nervous and lost. Thank you

MY RESPONSE:
Don't be scared. California is a no-fault divorce state.

If your wife wants a divorce, the Court will give it to her based simply on a generic claim of "irreconcilable differences". Fault is not an issue in a divorce. Whatever affair(s) you may have had should not impact the issue of child custody.

California determines child custody based on the quality of the relationship and parenting of the respective parents with the children.

Protect yourself, your rights, and your relationship with each of your children by timely and properly responding to the papers that were served and actively participating in the divorce proceedings, to avoid becoming their victim.

You would best retain an experienced Family Law Attorney to represent you in your divorce/custody case.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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