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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
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Experience:  19+ Years of Legal Practice in Family law matters.
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My husband had affair last august. Can I still file for divorce

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My husband had affair last august. Can I still file for divorce under adultry??
Submitted: 7 years ago.
Category: Family Law
Expert:  AlexiaEsq. replied 7 years ago.

Dear coding,

 

Thank you for your question and I look forward to working on your answer. Also, it is important to know that I can only respond to your post and the information contained in it, as I do not know what you know, unless you describe it fully. Also, because you are at this site, you are asking me the question because you want the legal facts, as I see them, even if unfavorable to your situation from a legal perspective. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if I ask a redundant question.

 

That being said, if you would like me to work on an answer for you, and in order to better assist you, could you please clarify for me:

 

1. When did you learn of it?

2. Is he still having the affair?

3. If not,when did it stop?

4. Did you 'forgive him' after the discovery and continue marital relations with him?

 

I look forward to getting to work on this for you. Hang in there!

 

 

Sincerely,

 

S. Joy, Legal Expert

 

Please note: I do not provide legal advice, only legal information; I do notlegally represent any JA members, visitors or customers. We do not and will not enjoy an attorney/client relationship. Further communication with me here is an acceptance of this and any information provided by me is with the understanding that you comprehend this and agree.

 

A times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back the next day, so never fear. On Saturday, there will be greater gaps in time due to scheduling, for any needed follow up, but rest assured, by day's end it will be done.

Customer: replied 7 years ago.
It started in March 2008 and I found out in August 2008. I "presume" it has stopped. I stayed in the marriage because of our 4 yr old son and financial reasons for myself. And yes marital relations continued between he & I. The first affair was in 2006, and now I just can't handle the mental strain it has put on me. I cannot get past the mistrust and feel I need to end this.
Expert:  AlexiaEsq. replied 7 years ago.

Dear coding,

 

I'm so sorry for your pain here,and I understand what you feel you need to do - I'd be right behind you in line at the courthouse if I were in that situation. Yes, you can file on grounds of adultery. He could seek to defend on the ground that you forgave, etc., if he were to decide to contest those grounds. Keep in mind also that adultery must be proven specifically, making for a rather crude divorce proceeding. If you'd rather avoid that, consider moving out while filing for custody and child support and/or spousal support, if applicable - if he won't support you willingly - the filing for a no fault divorce after 6 months living apart. 6 months will fly! Also, during those 6 months, you can try to negotiate an acceptable settlement agreement, so when it comes time to file, the issues are not contested and the actual divorce can fly through also.

 

Good luck here coding -

 

 

Hope this helps to clarify. If it does, please click ACCEPT and follow up if needed after you do so. This expert's credit proceeds go towards providing volunteer provisions for the disabled. Thank you for helping!


 

I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger, not your attorney, nor can I create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. ACCEPTING the Answer a so ensures I will be able to assist your with your future legal question. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of a new post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks

Sincerely,

S. Joy, Legal Expert

 

 

My Standard and Required Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may voluntarily pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. You must hire an attorney in your state as a matter of law, in order to receive legal advice and attorney/client relationship and rights. I do not claim to be licensed to practice in the state where this information is being provided or whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. As law is always changing, you are recommended to consult with the appropriate legal counsel in your jurisdiction for accurate and complete information. Thank you, XXXXX XXXXX a great day.

 

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