On Valentine’s Day This particular year, I clicked on a private investigator’s ad for discounted services. I hired him along with discovered Scott’s torrid love affair on Ashley Madison along with I’ve had to take a leave by blogging to deal with the aftermath.
Just kidding! My absence was due to end of the month billing.
Anyway, out of curiosity along with for professional research, I clicked on the ad. Since then, Facebook has been inundating my page with advertisements along with articles about cheating. By the way, Ashley Madison can be THE online playground for married cheaters, by the way. At least, This particular WAS. There may be an updated site, although I wouldn’t know.
All This particular cheating hoo-hah reminds me in which This particular’s been 6 years since I have blogged about the legality of cheating.
can be This particular illegal to cheat on your spouse? In 2009, This particular was illegal in 22 states. Colorado then dropped out.
This particular’s 2015 currently, along with only 21 states are against This particular. (Idaho, Utah, Arizona, Kansas, Oklahoma, Minnesota, Wisconsin, Illinois, Michigan, Mississippi, Alabama, Georgia, Florida, North Carolina, South Carolina, Virginia, brand new Hampshire, Massachusetts, brand new York, Maryland, Rhode Island).
I think brand new Hampshire recently repealed This particular law, so This particular can be probably illegal only in 20 states currently. Punishments, if caught, vary by $10 (Maryland) to a whopping 3 years in jail (Massachusetts).
In California, This particular’s not illegal to cheat. There are no longer any laws inside the Penal Code governing cheating. You won’t be fined, along with you won’t be thrown in jail.
Technically, when you say your vows, you enter into a contract, along with Family Code 720 states “Spouses contract toward each some other obligations of mutual respect, fidelity, along with support.”
I suppose if you find your spouse cheating on you, you can sue them for breach of contract. Personally, I wouldn’t sue Scott if I find him cheating. although one of you may decide to – just remember the code section, “FAMILY CODE 720”.
SO back to my post: Are there any consequences by cheating along with does This particular affect the divorce?
Top questions in This particular area:
1. Can I get sole child custody along with visitation because my spouse can be a dirty, lying, no-Great cheater?
No. Cheating alone does not affect custody. In California, custody can be awarded based on the “best interests of the children”. Arguably, This particular’s not inside the best interests of children to be morally exposed to cheaters, although frankly, if you have a computer with wi-fi at home, they are exposed to far, far worse. California can be a very pro-joint custody (along with not anti-adultery) state, so infidelity will probably not play as big of a role as you wish. Some cheaters are actually pretty decent parents.
If you are pissed as hell in which your spouse can be cheating, along with you want to use your children against him/her, don’t. If you want to tell your children your spouse can be a lying sack of trash, don’t. The damage you do to your children by bad-mouthing half their DNA can be FAR worse than the damage he/she did by screwing in which whore. Karma’s a bitch! Let her do her work.
2. Does This particular affect support?
No. Cheaters do not have to pay more child support. This particular MAY affect spousal support. Family Code section 4323 creates a rebuttable presumption in which the cheating co-habiting spouse includes a decreased need for support. Great section!
3. Does This particular affect property division?
Not necessarily. although if the cheater can be wasting community assets, you may have a claim against him/her – along with force them to reimburse what they spent on the affair (s), with interest. I once had a case where I represented the innocent. Her cheating, lying, no-Great husband spent over $200,000 wining along with dining the mistress (trips to Maldives, Cartier, LV, lingerie, French Laundry, etc.) By the time I deposed the mistress, she had been long replaced, repeatedly over. She obviously had no desire to protect the cheating, lying, no-Great ex, along with became very Great friends with my client. I was able to secure all the information I need to reimburse the community within the hour. Case settled.
In summary, California doesn’t definitely punish cheaters as much as This particular should. If you are being cheated on, you should probably look into self-help, like This particular man who hired a witch doctor to cast a muthi (evil spell) on his cheating wife’s vagina, which led to penis captivus of her lover. Apparently, no medical intervention can separate them – they have to wait for the husband to revoke the curse. True story. This particular just showed up right currently on my Facebook feed.