Hi, and Welcome to JustAnswer. Thank you for your question.
My name isXXXXX am a licensed, practicing Attorney and would be glad to help
I am sorry you are in the midst of marital difficulties, I realize how emotionally trying and draining this is for you.
If your wife has been unfaithful, it must be proved by pictures, in order to have this accusation hold up in Court. Text messages are not enough unless she admits in black and white and in no uncertain terms in her text messages, "I enjoyed our lovemaking last night, Let's get together again tonight.........."
But, even if you could prove your wife's infidelity, it would not give anyone the "upper hand". On the issue of custody, and if the parties cannot agree, the Family Court Judge will decide this issue, guided by one principle, "What will be in the best interests and permanent welfare of the children".
On the issue of division of marital assets, Massachusetts is an equitable distribution State which means that if the parties cannot agree, then the Family Court Judge will decide on the division. However, "equitable" does not necessarily mean "equal" as it would in community property States such as California and Arizona.
Under Massachusetts law, "Marital Assets" are defined as any property, real or personal, acquired during the marriage, regardless of who paid for it, or whose name is XXXXX XXXXX title. The only exceptions to this rule are gifts, inheritances, and bequests which remain the sole, separate property of the recipient spouse.
If you need clarification, please let me know and I will be glad to explain further,