Underdog,
Sorry you are here. You are in California which is a no fault state. That means her infidelity won't mean a hill of beans in court and won't even be considered. All the court cares about is child custody, child/spousal support and division of assets. The court doesn't care why you are there, they just want to know that the issues regarding the divorce are settled and if you can't settle them then the judge will.
As for her paying for your attorney, that depends. If you are not employed and she is and has an attorney then she MAY be required to pay for your attorney. You can petition the court for this but there is no guarantee the judge will rule that way.
If she makes more than you, you may be eligible for spousal support. Don't take it unless you truly need it. That is theft and morally wrong to take money from an ex-spouse unless you have a real need and they can meet that need. Children are not an issue since your daughter is 18. It seems like she is done with you and has moved on. I am in the same boat you are. My STBXW is already in another serious relationship and we still have 6 months before we can divorce over here and I live in a fault state to boot. Makes it easy.
Also, you don't need her permission to move out and in. Your home is maritial property until a court rules otherwise. She cannot stop you and if she changes the locks, you break a window. Nothing can be done by the police or anyone else. You don't have much to worry about since the law protects the lower earning spouse in a divorce action.
Sorry you are here. You are in California which is a no fault state. That means her infidelity won't mean a hill of beans in court and won't even be considered. All the court cares about is child custody, child/spousal support and division of assets. The court doesn't care why you are there, they just want to know that the issues regarding the divorce are settled and if you can't settle them then the judge will.
As for her paying for your attorney, that depends. If you are not employed and she is and has an attorney then she MAY be required to pay for your attorney. You can petition the court for this but there is no guarantee the judge will rule that way.
If she makes more than you, you may be eligible for spousal support. Don't take it unless you truly need it. That is theft and morally wrong to take money from an ex-spouse unless you have a real need and they can meet that need. Children are not an issue since your daughter is 18. It seems like she is done with you and has moved on. I am in the same boat you are. My STBXW is already in another serious relationship and we still have 6 months before we can divorce over here and I live in a fault state to boot. Makes it easy.
Also, you don't need her permission to move out and in. Your home is maritial property until a court rules otherwise. She cannot stop you and if she changes the locks, you break a window. Nothing can be done by the police or anyone else. You don't have much to worry about since the law protects the lower earning spouse in a divorce action.