In divorce does 50/50 always apply?

[Taso]

This is personal, but no one on this forum knows me really, so I figure screw it.

Basically, my mom cheated on my dad around 2 years ago, and she still is, with the same guy. My dad is a doctor, works three jobs, and owns four houses here in America, and a few in Greece. He's worked (and still does) very, very hard, even though he is sick, to make money and to keep the properties going (As investments). It would be sick and twisted if my mom, who is a manipulative, terrible person, were to get 50% of his net worth as the result of a divorce - because of this he has not divorced her, and has to live with her [censored] every day. He won't talk to a lawyer, I don't know why, he's stubborn. It's a very tough situation, but both my brother and I (both over 18) would not have a problem making a statement to the effect of "she had an affair and is evil".

So I'm asking any legal people, or anyone who knows, would she be entitled to half of his assets in this situation? Does the affair break any contract they made by getting married? What's the deal?

thanks

[SonofDjugashvili]

I am guessing there were no pre-nup agreements? Not a family law specialist, but here in Canada, each spouse is entitled to 1/2 assets/liabilities accumulated during the course of the marriage. The fact of adultery wouldn't change that. Though it does make a difference in US I believe. Can a US lawyer chime in here and clear that up? In Canada, the whole family law system (property/custody/support) is heavily biased in favour of women due to extreme PC culture here, but perhaps it's a little bit better down South.
Good luck. In Russia this whole problem would have been solved for $20K. [img]/images/graemlins/wink.gif[/img] But then we have laws here in NA.

[Vehn]

IANAL but I was under the impression that if someone cheats they get nothing.

[jackblack73]

What state do you live in?

[poorolrich]

It depends on which state you live in.

[The4Aces]

There are some ways to get around this, but if your dad is not interested in visiting a lawyer then i doubt he would do these either.

[DavidC]

[ QUOTE ]

Good luck. In Russia this whole problem would have been solved for $20K. [img]/images/graemlins/wink.gif[/img] But then we have laws here in NA.

[/ QUOTE ]

lol they have laws in russia too, why do you think it costs 20k?

[revots33]

Sounds like your dad's well-off, he should see a lawyer def. See if she'll take a lump sum and 1 of the houses or something to get out of his life forever. He'll be a little poorer but a lot happier.

[VeryTnA]

He needs to give / sell the properties to you. THen when your dad throws the Bi atch out he has nothing.

[MDPokerAA]

Please, beg your dad to get the best divorce lawyer money can buy. If not for his sake, than for his sons'.

I'm not sure about NY, but in most states, you hire a PI and have them prove that she is cheating, which should be easy as cake in this situation. From what I understand, she will lose a lot when it comes to custody (I guess not an issue in this case), but more importantly monetarily. Hopefully a NY attorney can clear this up, but he should have his bases covered and hire a PI.

PS Sorry your mom's a b.