Caught husband cheating..Legal document before sepration

[nicojem]

What is the name of your state (only U.S. law)? California

I caught my husband cheating on me about a couple of times and we both agreed to work things out for now. I told him that if I catch him again, I have to separate from him and eventually, live our own lives apart from each other. We have 2 children, one is 22 years old and the other one is 20 years old. My question is can I draw up some legal documents stating that he has to provide a roof over our (for me and my two children) heads and our living expenses if we go on our separate ways since he is making more money than me? If so, what percentage of his earning/salaries he has to put in under California law? Thanks for any legal advice.

 

[Ohiogal]

What is the name of your state (only U.S. law)? California

I caught my husband cheating on me about a couple of times and we both agreed to work things out for now. I told him that if I catch him again, I have to separate from him and eventually, live our own lives apart from each other. We have 2 children, one is 22 years old and the other one is 20 years old. My question is can I draw up some legal documents stating that he has to provide a roof over our (for me and my two children) heads and our living expenses if we go on our separate ways since he is making more money than me? If so, what percentage of his earning/salaries he has to put in under California law? Thanks for any legal advice.

Your children are ADULTS. Your husband would be a fool to sign that. And if you are staying with him, you can't use this adultery against him. Very likely that any document you draw up would NOT be enforceable.

 

[nicojem]

Your children are ADULTS. Your husband would be a fool to sign that. And if you are staying with him, you can't use this adultery against him. Very likely that any document you draw up would NOT be enforceable.

So you are saying that I should be living apart from him in order for me to use adultery against him?

 

[OHRoadwarrior]

She is saying you are foolish in your expectations and need to put on your big girl panties instead of expecting him to continue supporting you like a family.

 

[LdiJ]

What is the name of your state (only U.S. law)? California

I caught my husband cheating on me about a couple of times and we both agreed to work things out for now. I told him that if I catch him again, I have to separate from him and eventually, live our own lives apart from each other. We have 2 children, one is 22 years old and the other one is 20 years old. My question is can I draw up some legal documents stating that he has to provide a roof over our (for me and my two children) heads and our living expenses if we go on our separate ways since he is making more money than me? If so, what percentage of his earning/salaries he has to put in under California law? Thanks for any legal advice.

It doesn't work that way. However, you clearly have a long term marriage and in CA, that means you would be eligible for alimony/spousal support if he makes significantly more money than you.

The absolute best case scenario (for you) for alimony/spousal support would be 1/2 of the difference between your respective incomes...however it could be much less than that as well. It all depends on a lot of different financial factors that are not in evidence here.

 

[Zigner]

If you are asking these questions, then you have no trust left in your marriage.

 

[Antigone*]

What is the name of your state (only U.S. law)? California

I caught my husband cheating on me about a couple of times and we both agreed to work things out for now. I told him that if I catch him again, I have to separate from him and eventually, live our own lives apart from each other. We have 2 children, one is 22 years old and the other one is 20 years old. My question is can I draw up some legal documents stating that he has to provide a roof over our (for me and my two children) heads and our living expenses if we go on our separate ways since he is making more money than me? If so, what percentage of his earning/salaries he has to put in under California law? Thanks for any legal advice.

Please tell me why your husband should have to support the two adults that live with you?

With regards to the legal document you can draw up - the document you are looking for is a called a divorce decree. File for divorce, ask for alimony for your, get yourself your own place to live. If your adult children wish to come with you, then tell them to get to work so they can contribute financially to your budget.

 

[Ohiogal]

So you are saying that I should be living apart from him in order for me to use adultery against him?

Google condonation. It is not just living apart from him. It also has to do with not having sex with him since finding out about the adultery and not remaining his wife. In other words, if you have had sex with him and lived with him as man and wife since finding out about his adultery, you have condoned it. It is no longer an issue for you.

 

[Antigone*]

Google condonation. It is not just living apart from him. It also has to do with not having sex with him since finding out about the adultery and not remaining his wife. In other words, if you have had sex with him and lived with him as man and wife since finding out about his adultery, you have condoned it. It is no longer an issue for you.

California is a no-fault state.

 

[Ohiogal]

California is a no-fault state.

Adultery can be used as a ground however. Not popular but it can be.

ETA: Wanted to clarify what I meant.