Q: My husband cheated and had a baby during our marriage
Hi, my husband had an affair and had a baby during our marriage him and I have a kid together but, doesn’t give me support. Instead he neglects our child and gives more attention to the one he had with another woman. Is there anything we can get out of the divorce?
Not to mention there’s been domestic violence against myself, and my husband gotten kicked out of the service because of it. What should I do? And how do I show grounds of infidelity?
A: You should file for divorce and have the judge order child support.
A:
Provided you are able to provide proof of the domestic violence and the other baby, these would be grounds to ask for a disproportionate share (more than 50/50) of the community estate.
The community estate consists of any property that was acquired during the marriage (except for anything received as a gift or inheritance). The community estate has to be divided between the spouses during a divorce.
I hope this information helps. Good luck to you.
A:
I'm sorry you're going through this situation and dealing with an abusive, selfish spouse. You're not alone, and you're not without options. But, there are no quick or easy solutions. Rather, all roads lead in one direction -- a divorce. Here are the steps I would suggest:
(1) File for divorce in the County where you live [there is a 90 day residency requirement for venue]. (2) Allege fault on the basis of adultery and cruel treatment. (3) Ask for a disproportionate division of the marital assets, [i.e., more than half]; (4) Assert an independent claim for recovery of money damages under a tort theory for bodily assault [the domestic violence] if it took place less than two years ago, and seek money damages for your physical pain and suffering [just like a typical personal injury case]. (5) Ask for spousal maintenance [alimony] based upon the domestic violence if it occurred within two years prior to the date you file the divorce; (6) ask for child support, of course; (7) seek temporary and permanent injunctions if those are necessary to protect you moving forward.
These kinds of high conflict, contested divorce cases are time-consuming and generally not the sort of case one should try to handle pro se. I recommend you find a knowledgeable and experienced family law attorney in your local community to help you navigate the legal process required to reach the results you deserve and need.
I wish you the best in this regard.
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