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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30337
Experience:  Attorney with experience in family law.
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My wife and i are getting divorced. she had an affair 9

Customer Question

my wife and i are getting divorced. she had an affair 9 months to a year ago. we've been married three years. 6 months ago she moved in with the guy all while coming over here 3-5 nights a week telling me we were going to fix it. i know adultery is illegal in my state but will anyone prosecute it? and will i have to worry about alimony since she's been with the other guy for six months? and is there anything else i can do to bring her to justice. also, she is the petitioner
JA: It's hard to know for sure. The Family Lawyer will figure it out. OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: yes but not with some of these questions. and the divorce is monday morning. if she does anything fishy will i be able to ask for a later court date? were doing this sans lawyers…
JA: What advice did they give you?
Customer: protect myself
JA: Is there anything else the Family Lawyer should be aware of?
Customer: no
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and connect you two.
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Although many states still have adultery statutes on the books, it's extremely unlikely that anyone would prosecute after the holding in Lawrence v. Texas, back in 2003, which overturned another statute that criminalized private consensual sexual behavior between adults. I've never heard of a prosecutor bringing one of these cases, because they just aren't all that interested in regulating that sort of private behavior.

A spouse who causes the break-up of a marriage through adultery usually is not entitled to alimony, especially not if she's already living with a new partner.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 1 year ago.
We've hashed everything out as to who takes what, and who's paying what. But my name is ***** ***** her car loan, and the hearing is Monday. What should I do? And am I as the respondent allowed to ask for a later date?
Expert:  Lucy, Esq. replied 1 year ago.

You can ask the judge to order her to refinance the auto loan in your name, or you could request that he give you the right to repossess the car if she doesn't make the payments.

It is possible to request a new date, however, with the hearing tomorrow, there's a good chance the judge will decline it. That's especially true if you've already reached an agreement on everything. Be prepared to proceed with the hearing if you walk in, ask for a continuance, and he says no.