Palmdale, CA asked in Divorce and Family Law for California

Q: What benefit do I have in my husband abandoned home committed adultery and is financially abusing me

He still paying the mortgage but I'm scared I'm not working I have a 16 year old son and I don't want to lose my house I can't work right now do the health issues any abandoned the house to be with his best friend's wife

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2 Lawyer Answers
Joseph Torri
Joseph Torri
Answered
  • Riverside, CA
  • Licensed in California

A: Adultery is irrelevant in divorce proceedings. Financial abuse would need to be explored, and more facts are required to provide a thorough analysis for this posting. Your husband continuing to pay the mortgage after his abandonment of the house is obviously a positive fact, but it does not sound like there are court orders to enforce this. If you file divorce proceedings, it is difficult to say, without more information, whether you will be in a better or worse position. If your husband has a good job, etc., you may be able to collect spousal support and garnish his wages. You will need to evaluate your current situation, especially depending on what your goals are. Also, you might be able to collect child support from your husband, but it will all depend on a lot of information that is not provided in the posting. You definitely need to consult with a family law attorney before taking any action with the court.

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: Infidelity is not irrelevant in divorce proceedings. It may speak to the property division and child custody portion of the divorce case, when a spouse's attention to the marriage, mutual finances, mutual support, and child care are relevant. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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