Adultery is heartbreaking and can cause very messy divorces, especially when the husband impregnates another woman. Here is what to do if your husband got another woman pregnant.
The best course of action for a wife whose husband gets another woman pregnant is to file for divorce and separate all their finances. If the wife can avoid directing her funds to child support, she should consider taking that route. Once the divorce is finalized and the wife has received any compensation she deserves, she should lean on her friends, family, and/or a therapist to help deal with the trauma of being cheated on.
First Steps
The first thing that a woman should do if they find out that their husband got another woman pregnant is to file for divorce and do her best to separate finances. Her husband will almost certainly have to pay child support for his new child, and the wife should not have to suffer financially or help pay for this child that she did not bring into the world. She should try to get a separate bank account as soon as possible, even before the divorce is finalized.
California is a no-fault divorce state. This means that the wife cannot file for divorce on the grounds of adultery, however, she can certainly bring up the infidelity and new unborn child to the court in order to possibly improve the judgment regarding finances, property, and child custody. If the husband spent any money from their joint savings/checking accounts on his new unborn child or the woman he was having an affair with, the wife is most likely able to get financial compensation to recoup these funds. The wife should speak with her attorney about her situation in order to determine the best path forward.
Related: California No-Fault Divorce: What You Need to Know
The wife should speak to her attorney about her circumstances to see if she should bring up the issue of adultery in the divorce process, because it is not always the best option. While it might be able to allow her to have full custody of her children (if any) and perhaps bring in more money, it also could raise the hostility of her husband and end up raising divorce costs. The wife and her attorney should discuss all possible ramifications of bringing up the infidelity to the court.
Related: Adultery Laws in California: What You Need to Know
What Happens Next?
Once the divorce is finalized and all finances are separated, legally there is nothing more that the wife can do or needs to do. However, this does not mean that she has to go through the rest of her life alone.
The next step that the wife should take is to get a therapist for her and/or her children (if they are old enough to understand what happened). A husband/father getting another woman pregnant can be very traumatic, and therapy can help deal with trust issues or just understanding all of the emotions being felt.
The wife should also confide in her family if she has a good relationship with them. Parents, siblings, and close friends can help take care of her children while she works or searches for a new job, or can just be there for moral support. There are also support groups or online forums of women who are going through the same thing that could help the wife feel more supported and less alone.
Can I seek any damages from the other woman for negatively impacting my family and my life?
While a wife could sue the woman that her husband got pregnant for financial and emotional compensation in some states, this is usually a waste of time. Not many cases like this are won, and it usually just ends up costing more money than the wife would get from the lawsuit. Additionally, California does not allow for these sorts of “heart balm” lawsuits. The best option is for the wife to speak with her attorney throughout the divorce and try to get any financial compensation from her husband, not the woman he impregnated.
Contact Us
If you would like to know more what to do if your husband got another woman pregnant in California, contact us. If adultery was involved in your marriage, we can get you in touch with one of our California Divorce Attorneys. No matter your legal situation, we have an experienced attorney that’s fit to handle it.