Question:
My wife is having an affair and I want to know if it’s worth the effort to address in divorce court.
I do not have any “professional” documentation or evidence of her affair other than her admissions to me and the fact she has moved out and is believed to be living with another man.
What advantages are there in proving her infidelity and affairs in a divorce case? Is it worth pursuing?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Texas divorce laws where I am licensed to practice.
Adultery is very common now; so much so that judge’s are typically more surprised when they don’t hear about it in a divorce action.
However, if you can provide proof of this affair you can allege fault in the breakup and ask for a disproportionate share of the property. The longer the time between the date of separation and filing for the divorce, the less of an impact the affair will have on the judge.
If her affair is the reason for the divorce then that should be alleged in the Petition or Counterpetition and argued during the division of property at the final trial.
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Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a mens divorce attorney in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including San Antonio Divorce Lawyer Amanda L. Clepper, please contact Cordell & Cordell.
hello!
that’s why this is texas and not colorado
Not in Colorado!
This advice is absolutely counter to what you want to do in Colorado. It is written right into the Colorado statutes that marital conduct can *not* be used as a factor in determining *any* aspect of the dissolution of the marriage. If you attempt to bring up your spouses affair, you will not only be slapped down on the point, but the judge will sometimes view it as an attempt to sway them from the law, and it will backfire on you.