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What happens when there is a third party to the divorce?

by | Sep 22, 2016 | Divorce, Firm News |

Marriage is rarely a simple affair. A simple affair, however, can be a symptom that points to the possibility of impending divorce, something with which many California residents may be familiar. Sometimes, the consequences of an affair may become complicated by the arrival of children.

For many years, a man in California was married to a woman who regularly entered into adulterous relationships. Finally, a time came when the man entered into such a relationship himself. As a result of this relationship, the mistress became pregnant and went on to give birth to twins. An amicable discussion between the man and the mother of his children resulted in an agreement between the two parties, resulting in a child support payment being made that was around 40 percent greater than the court would have ordered. This allowed the children and their mother to move close enough to the father that he could be a more significant figure in their lives.

At some point, the man and his wife decided to divorce. This raised a number of questions. The wife had only recently returned to the workforce, and it was likely that he would have to pay alimony to her. As California is a community property state, the division of assets would be equal However, the man was concerned how the child support payments to the mother of his children would be assessed.

In California, there is no fault attached to divorce so the matter of infidelity — on its own — is essentially irrelevant. However, the fact that there are children involved will affect matters. In making a decision, a family court judge will take into account the income and expenditure of both parties to the divorce. However,  the best interests of any children involved remains a focal point in the proceedings, and it is sensible to seek professional advice appropriate to individual circumstances.

Source:, “After cheating on my wife and having twins out of wedlock, I face child support and alimony“, Quentin Fottrell, Sep. 20, 2016


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