fault divorce in ca

[BURNED]

my husband has been having an affair over two years while putting on the act of being devoted to with me - the neighbors were shocked because we were always holding hands or he have his arm around me- i was completely detroyed when i found out - i only found about it when he just left me a note one day saying he was leaving - after doing some checking i found him and he was living with the other woman - he called me the next day after i confronted him with this information, begging me to forgive him, he had made a terrible mistake - i took him back under the condition that we both get individual councelling as well as marriage counselling, as long as he agreed to stop seeing the other woman - we both starting counselling and things were looking up, but then i discovered he was still seeing her and i kicked him out - he is now living with her and have e-mailed that he is filing for an uncontested divorce - this was both our second marriage so we had our own accounts and bills was to be divided equally - however, i paid more since he had child support to pay with the understanding that he would pay me back - also he moved me from minnesota to washington (we were married in WA)and then california for his job purpose - he is now sending me papers for an uncontested divorce - all i want is the money he owes me and for him to get me moved back to minnesota where my family is - I have no family here or friends. can i file a fault divorce and ask for the cost of him moving me back and for the money he owes me in our living expenses.

 

[I AM ALWAYS LIABLE]

my husband has been having an affair over two years while putting on the act of being devoted to with me - the neighbors were shocked because we were always holding hands or he have his arm around me- i was completely detroyed when i found out - i only found about it when he just left me a note one day saying he was leaving - after doing some checking i found him and he was living with the other woman - he called me the next day after i confronted him with this information, begging me to forgive him, he had made a terrible mistake - i took him back under the condition that we both get individual councelling as well as marriage counselling, as long as he agreed to stop seeing the other woman - we both starting counselling and things were looking up, but then i discovered he was still seeing her and i kicked him out - he is now living with her and have e-mailed that he is filing for an uncontested divorce - this was both our second marriage so we had our own accounts and bills was to be divided equally - however, i paid more since he had child support to pay with the understanding that he would pay me back - also he moved me from minnesota to washington (we were married in WA)and then california for his job purpose - he is now sending me papers for an uncontested divorce - all i want is the money he owes me and for him to get me moved back to minnesota where my family is - I have no family here or friends. can i file a fault divorce and ask for the cost of him moving me back and for the money he owes me in our living expenses.

My response:

California does not recognize "fault" dissolution of marriage. California is a "No-Fault" Divorce, and "Community Property", State - - i.e., no matter what the other spouse has done during the marriage, your only choice on the Petition is "irreconcilable differences" as your reason for divorce. Seriously, even if one of the spouses is a "mass murderer", your only choice is "irreconcilable differences".

Unfortunately, money given during a marriage (at least in California) is considered mutual support for the well-being of the marriage, and for as long as the marriage lasts - - i.e., it is not reimburseable to the other spouse UNLESS there is a writing to the contrary.

Therefore, and notwithstanding a writing to the contrary, all debts and assets will be divided equally, unless during negotiations of your settlement plan, you are able to have him voluntarily agree to take more of the liability and to pay you what you believe is owed to you. Unless you can get him to agree, it will all be chopped down the middle.

Good luck to you.

IAAL