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Ray, Lawyer
Category: Legal
Satisfied Customers: 36354
Experience:  30 years in civil, probate, real estate, elder law
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My husband has found emails and letters that provide evidence

Resolved Question:

My husband has found emails and letters that provide evidence of an affair. We have two four year old twins. What impact will this have when we file for divorce on custody?
Submitted: 6 years ago.
Category: Legal
Expert:  Ray replied 6 years ago.
Thanks for your question.He may claim adultery here and as innocent spouse this will certainly be a factor here in custody.If these are young children say preschool it may have greater impact in such a fight.You may need your own lawyer here to seek to overcome and present your case for being good parent and that you should have custody.
Customer: replied 6 years ago.
Do you know massachusetts law? Could the husband win full custody because of the adultry only?
Expert:  Ray replied 6 years ago.

While adultery remains a ground for divorce under G.L. c.208, Section 1, it is rarely used by litigants. Most judges prefer to hear about the conduct or misconduct of the parties as a factor under asset or alimony determination. The court's role in divorce cases is not to punish immorality or reward virtue and, as such, adultery typically has little impact on the results of the case. However, if one parent's sexual activity affects the children, it is an entirely different story, as it is not in the best interests of the children.

If the parent is leaving the child unattended while he or she pursues romantic interests, or if the children have witnessed such activity, this will impact your case. Obviously, if you are the one engaging in such activity, stop immediately.It can be claimed by the husband here in seeking fault based divorce.You hope to minimalize any damage here by seeking to keep any relationship off the radar during the divorce.
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