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Ellen, Lawyer
Category: Family Law
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Experience:  25 years of experience helping people like you.
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can I sue my husband for civil law for adultery

Customer Question

can I sue my husband for civil law for adultery
Submitted: 5 years ago.
Category: Family Law
Expert:  Ellen replied 5 years ago.
Welcome to JustAnswer,

Thank you for your question.

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Pennsylvania does permit a fault divorce based upon adultery. Marital misconduct occurring during the marriage – such as adultery – can be considered by the court in determining alimony and the division of property in a divorce. However a separate civil action does not exist outside of the divorce court

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Customer: replied 5 years ago.

Can I use this to drop the charges of simple assaults he pressed on me. I want the charges drop if I agree to divorce without any complication.

Expert:  Ellen replied 5 years ago.
Yes you can negotiate with this information in mind. However your husband does not have the authority to drop the criminal action. A criminal action can only be dismissed by the prosecutor's office. The prosecutor may be more inclined to drop the case with your husband's encouragement.

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