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State Support Forums >> California
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allthumbs
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Reged: 07/12/07
Posts: 571
Re: Wife wants divorce after 12 yrs, 2 children, D
      07/03/08 03:55 AM (76.21.84.87)
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"Does infidelity have any impact on my potential alimony pay-out?"
_____________________________________________________________

Not in California nor in most states. I understand in a few states, it does. But not in CA. as CA. is a "no-fault" divorce state. That being said, if the spouse that is receiving spousal support co-habitats with a member of the opposite sex, then that could be a reason to end any spousal support. Here is CA. FAMILY CODE: 4323:
4323. (a) (1) Except as otherwise agreed to by the parties in
writing, there is a rebuttable presumption, affecting the burden of
proof, of decreased need for spousal support if the supported party
is cohabiting with a person of the opposite sex. Upon a
determination that circumstances have changed, the court may modify
or terminate the spousal support as provided for in Chapter 6
(commencing with Section 3650) of Part 1.
(2) Holding oneself out to be the husband or wife of the person
with whom one is cohabiting is not necessary to constitute
cohabitation as the term is used in this subdivision.

Also, you should know, if she does make DV allegations without proof, I would immediately call for court sanctions against her for those false allegations. It is a SERIOUS crime to testify in court to false allegations. It's perjury and more. Strongly deny ANY false allegations. Judges are not stupid and will see what she is trying to pull.

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Subject Posted by Posted on
* Wife wants divorce after 12 yrs, 2 children, DV BlindMonk 06/27/08 01:52 AM
. * * Re: Wife wants divorce after 12 yrs, 2 children, D allthumbs   06/29/08 02:49 AM
. * * Re: Wife wants divorce after 12 yrs, 2 children, D BlindMonk   07/02/08 03:33 AM
. * * Re: Wife wants divorce after 12 yrs, 2 children, D allthumbs   07/03/08 03:55 AM

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