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Extra marital affairs can damage a marriage. Many people are not even aware of the legal impact that an extra marital affair can have. This ignorance of the law can result in questions about the legal implications of an extra marital affair. Given below are answers to some of the most common questions about extra marital affairs and the laws governing them. Would an individual have a legal recourse against someone who had an affair with his/her spouse in California?
Many states like California may not consider extra marital affairs illegal, though they consider it to be immoral. Hence, a third party may not have any legal recourse in case of such an affair. The only legal action one may take in case of an affair is to file for a divorce. If one exposes one’s spouse’s extra marital affair, would it be considered illegal?
The answer to this may vary depending on case to case bases and may not have a single answer that applies in all cases. One may ask a family lawyer if one has questions about one’s particular situation. How would an extra marital affair affect a divorce settlement?
The court may want to divide marital property equally in most divorce cases. An extra marital affair may not have any effect on the court’s decision. However, the spouse may get some compensation if the affair had an obvious impact on the finances of the marriage. An affair otherwise may not have any impact on distribution of property other than on alimony. Can a spouse request for children not to be near the spouse who had an affair once papers for separation are filed?
If the spouse that has an extra marital affair is a threat to the children, one may request for the children to not be near him/her. In most situations, parents may argue that it is not in the best interest of the child to be around a parent who had an affair. The court may take in consideration all the facts before taking any decisions. Can a putative father demand for paternity test or gain custody of the child if it is born out of an extra marital affair?
Some couples may want to repair the marriage and raise a child that is born out of an extra marital affair. However, the putative father may ask for a paternity test if he wants to know whether he is the father of the child. If the test proves so, he may be asked to pay child support and may be given visitation rights. In some situations, the putative father can file for the child’s custody and ask the mother to pay child support. One needs as much expert advice as one can get when dealing with an extra marital affair. One may not want to talk about it to friends and family. In such situations, one may ask a family lawyer and get all of one’s doubts cleared about the laws that deal with extra marital affairs.
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