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My wife who is a school administrator had and is continuing…

Customer Question
Good Afternoon. My wife...

Good Afternoon. My wife who is a school administrator had and is continuing to have an affair with a guidance counselor at her school. I am a teacher in the same district and once I had found out, she asked me for a divorce. I honestly don't want a divorce and for a month or so she lived at home but in separate rooms. However she moved out this past week without telling my while I took our son out of town for Easter/Spring break to see family and took some of our belongings.

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

No. I don't want to and she does. She has simply moved out. She is trying to get me to agree to a no fault divorce However what I am really asking is something else

Lawyer's Assistant: Family law varies by state. What state are they in?

We have a moral turpitude clause in our teaching contract. The school principal called both of them into their office a week ago to address. their relationship and she lied to them Florida They also stated that we've been going through a divorce process for the past several months If I were to address them with evidence of the truth it could result in both of them losing their jobs If I were to do that could that hurt me through the divorce process

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We don't have property other than cars and prior to this we had a financial arrangement where she was paying for my car payment that is in her name while I was putting money aside for savings

Submitted: 5 months ago.Category: Family Law
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Customer reply replied 5 months ago
I know that I would likely be eligible for alimony if I were to file for at fault divorce because of a variety of reasons. Beyond the adultery, she also abandoned our foster child we've cared for the past two years with intentions to adopt, and has been using money to purchase gifts like hockey tickets, an annual pass to Disney World and smaller things on Amazon.
Customer reply replied 5 months ago
I have a list of dates and documents I can send of individual occurances
Customer reply replied 5 months ago
I was under the impression I'd receive a response within 30 minutes
Answered in 8 hours by:
4/2/2018
Family Lawyer: Lucy, Esq., Lawyer replied 5 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,268
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation. I apologize for the delay. There tend to be fewer experts online late at night.

There are only two grounds for divorce in Florida. One is that the marriage is irretrievably broken and cannot be repaired. The other is that one spouse has been mentally incapacitated for at least three years. You unfortunately cannot file for divorce on the grounds of adultery. Your wife's infidelity really only comes into play if she were requesting alimony from you. She can't it. You can request alimony from her if she makes significantly more than you and you're not able to pay your own expenses without her help. Since you have the same job, I don't know if that would apply.

You would be entitled to child support if you wind up with primary custody of your son. And you can request that she repay you for the money she's spent on the affair from her share of the other marital assets. Even if you don't have much, the equity in the cars is an asset to be divided, as is any money the two of you put into retirement accounts while married and whatever is in the savings accounts.

Their lies when asked about the principal about their relationship typically are going to count against them more than you being truthful would. It doesn't look good to the judge to see that they're willing to lie when it suits them. She may try to claim you need to pay her alimony if she gets fired - but you'll be able to point out that it was her lies and infidelity that lead to termination, not anything you said or did about it. If you lie for her, and the school finds out that you're not already divorcing, you could also be fired.

If you have any questions or concerns, please reply WITHOUT RATING so I may address them. My goal is to provide you with excellent service. Otherwise, please rate my answer positively so I get credit for the time spent speaking with you today. Mobile users may have to scroll to the right. Thank you.

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Customer reply replied 5 months ago
I believe I am able to ask a few follow up questions. The term "irretrievably broken" is defined how legally? Do both parties need to agree that the marriage is irretrievably broken in order to file? I only ask because at this time I don't want to file for divorce, and she does. She moved out of the house while I was away this past week on vacation and took 1/3 of our belongings. I've accepted the fact of a separation but do we need to get that defined legally?
Family Lawyer: Lucy, Esq., Lawyer replied 5 months ago

Irretrievably broken just means that one or both spouses no longer wants to remain married and at least one of them doesn't believe things can be worked out. You don't have to agree. Florida doesn't recognize legal separation. You're considered separated when one of you moves out with no intention of returning, or when you sign a separation agreement, whichever happens first. Things could be easier if you can get a separation agreement written down, but it's not required.

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Customer reply replied 5 months ago
If I went forward and provided evidence to the principal that they lied and of their affair, is there any way this could backfire on me legally through a divorce process?
Family Lawyer: Lucy, Esq., Lawyer replied 5 months ago

The only way is if she tries to claim you should have to pay alimony because she no longer has a job. But I still think you can argue that she lost the job herself through breach of the contract. And Florida Stat., Section 61.08 allows the judge to consider her adultery when deciding whether to pay her anything at all.

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