+1. Whatever you think the victim of the infidelity might have done to create an unbearable breakdown in the marriage, the appropriate response is to ask for a divorce, not to cheat. There is no justification for cheating. |
| OP, you are a woman, so it is highly unlikely that you won't get at least shared custody. Child custody is biased against men, but it seems to be getting better due to these old goat judges retiring. His ability to be a good spouse isn't relevant to his ability to be a good parent. |
But often it is. Men who have affairs often check out of the family and have a do-over with a younger woman. It is literally never in the best interests of the child for the dad to start a second family and dilute his time and money. |
| From a lawyer's point of view, you are a nightmare client. Unable to understand or cope when everything doesn't go your way. Unable to put your children's needs ahead of your own. Unable to see priorities. I would not work with you. |
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The courts do not, and should not, care about the sex lives of married people such as affairs, withholding (sexless marriages) etc. The courts don't get involved in many other forms of spousal mistreatment either.
The court's purpose is the ensure the children's needs come first, and a fair split of the marital assets. |
I agree, but life is not fair. It never has been. |
Which is why I asked--and OP refused to answer--the actual circumstances of the divorce. If OP left him, she is equally responsible for diluting dad's time and asserts. Men rarely leave for the AP until the wife throws them out. |
| He cheated for a reason, its never black and white |
It is black and white. He is a coward who should have asked for a divorce before chesting. |
| OP saisds affairS plural, not an affair single. |
+1 |
This can easily be spun into "he's not capable of caring for the children, and needs help, so I am the better custodial parent because I am competent". |
Right. So OP decided she couldn't tolerate him sleeping with other women and left. She is just as responsible for diluting dad's time and assets, and she should settle for joint custody. These are the consequences of her decisions. Why do you think so many of us stay in bad marriages? |
You can identify right off the bat that OP is self centered which is the ultimate sin. |
I hope he at least bought her out of it, in which case there is no problem. |