Rialto, CA asked in Divorce for California

Q: Hi, my name is Gracie I need to know my Rights.

I recently found out that my husband was having an fair and when I approached him about it he admitted the afair and asked me to move out because he wants to move his girlfriend in.

What should I do?

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2 Lawyer Answers

A: Seek a consultation with a family lawyer. Most offer a free initial consultation. An affair is not relevant in a California divorce. California is a community property state. You would have an interest in his retirement just as he has a right to yours if the parties have one. Moving out is always a difficult issue and many legal issues come along with moving out. Restraining orders could force one spouse out. Determining spousal support could also be an issue if the facts allow for it. Custody and visitation issues arise when custody orders need to be made. More facts are required to provide a thorough analysis.

A: You may need to file for divorce as soon as possible, and you may need to seek a restraining order against any 3rd person living in your home. 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, www.AEesq.com. 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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