Can I be forced out of my home because my wife learned of infidelity? Because of the infidelity, is it still possible for me to get equal custody of my children?
In Missouri, there is no law that would require one spouse to leave the home based solely on infidelity.
That being said, if a divorce has been filed, your wife could file a motion asking the judge to remove you from the home while the case is pending.
The decision whether or not to grant such a motion would be very discretionary to the judge, but would likely depend on whether your wife is able to show that she will suffer harm by you being in the home or that because the two of you cannot get along, it would cause harm to the children for the two of you to continue living together.
States differ on the weight that is given to marital misconduct in regards to the terms of a divorce judgment, but in almost every state, and Missouri specifically, child custody is determined by the best interests of the children.
Infidelity alone is not a reason the court would deny you significant time with your children; however, depending on the circumstances, your marital misconduct will likely be used against you to try to show a lack of good judgment or responsibility.
You will need to begin making every effort to show that despite the issues between you and your wife, you are a responsible and caring parent, and it is in the best interests of the children that they spend equal time with you.
Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.
Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.
Mr. Camp used the wealth of experience of Cordell & Cordell attorneys to bring tangible answers to reader questions in Ask a Lawyer articles, as well as offer a step by step process through the divorce experience with Cordell & Cordell Co-Founder and Principal Partner Joseph E. Cordell in Divorce 101: A Guide for Men.
Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. He helped foster the continued success of the Men’s Divorce Survival Guide, the Men’s Divorce Podcast, and the Men’s Divorce YouTube series “Attorney Bites.”