Brother and sister in law are in there divorce , and shocked at outcome,anyone please?

Question

My Sister in law had an 7 month affair that was exposed to everyone who known these people.
The divorce was my bother (1/2) who has CHALLENGED the NOFAULT RULE in Ca., stating the affair was the primary cause of divorce with evidance and asked the JUDGE for a CAUSE OF ACTION with detail so as to sue his wife for custody, and majority potion of the community property!

HE GOT IT 90% of the community property as well as physical custody of the children because he proved that his wife started to CO- habituate with individual who she was having the AFFAIR WITH and detrimential to kids well being.
Now let me say this I think the whole think STINKS to high HEAVEN, both party's need to grow up. 
That said I can't fathom how this woman had the affair, how the LAWS of NO FAULT could be side stepped like this.
I practice Financial Meadion and contract negotions so I'm out of element on subject .

HAS ANYONE HERE SEEN THIS KIND OF CHALLENGING NO FAULT TO DIVORCE LAWS LIKE THIS?

Isabella S · Accepted Answer

wow.....i really would like to see the reporter's proceedings on this one. 
never does a judge rule that moving on with your life is a factor in deciding who gets custody. something was thrown in here such as the new boyfriend had a criminal record or something. 
did he do this on his own or did he have an attorney? 
if anything, i believe she just didn't fight it (or didn't have an attorney)

mrpuffandstuff · Answer

What is there not to like.  She destroyed her own marriage and you think she should get half of what was established in the marriage???  No Fault means NO FAULT.  Why should he lose any part of what he help to build.  She gave up her claim the moment she cheated.  Your brother would not have filed for a divorce if she would not have been in the streets. And what values do you think she would instill in the children.  Good for him.

Paladin · Answer

Sounds to me like the female is risking to lose everything in her marriage for a moment of folly with whoever that had caught her fancy.

At lest she managed to get 10%. I'm not sure of European Courts, but any Court in Asia or Middle-East would probably have stripped her bare of everything that she co-owned in the marriage.

jude · Answer

she broke her marriage vow es, she deserved exactly what she got. good for the judge, its the way it should be. i have never seen this before but i believe it should happen like this. as she had a choice if she wanted to cheat she should have gotten a divorce first.

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Brother and sister in law are in there divorce , and shocked at outcome,anyone please?

4 Answers