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Ask Michael J, Esq. Your Own Question
Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3471
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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I may decide to get a divorce from my wife who cheated on me

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I may decide to get a divorce from my wife who cheated on me and got pregnant with another man's child. If I were to leave our home for any reason (i.e. get away for a week by myself to think, decide to go stay at a hotel instead of being in our home, etc.) and then I come back and tell her that I want a divorce, will I have a tougher battle ahead to keep the house myself? Will she have more rights to the house at that point because I left?

SoloLawyer :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law problem today.


SoloLawyer :

I'm sorry to hear about your situation. Thankfully, the answer is "No", she will not have any more rights than you to the house. Until your divorce is final, you will have the same amount of interest in the house as she does.


SoloLawyer :

As an aside - many people confuse physically leaving the house with "abandonment". To be clear, "abandonment" is a fault-based cause for divorce, allowing someone wanting a divorce to be successful if they have been abandoned in the marriage (must be over 1 year apart with no communication). In your situation, leaving the home after divorce is contemplated does not fall under "abandonment", so don't worry.


SoloLawyer :

If I can answer anything further, let me know. Remember, I'm here to help and your satisfaction is guaranteed. If you don't have any questions and you valued my time, I'd ask you to consider rating me positively.

Take care,




Thank you very much. I greatly appreciate your help.

SoloLawyer :

No problem! I hope it works out for you!


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