How does an affair affect divorce rulings?

mens divorce lawyer Janet Yu JohnstonQuestion:

My wife is having an open affair that she freely admits to me and to our divorce attorneys.

How will her affair affect the divorce? Can she still get alimony if she’s the one who caused the divorce? Can I stop her from having an affair?

Answer:

I am only licensed to practice law in Kentucky, so I am unable to give you advice specific on the laws in your state.

Depending on whether your state is a no-fault state or not, the fact that your wife is having an affair may not affect your divorce.

If you have children, you can ask that the court prevent your wife from bringing her boyfriend around the kids.

If your wife tries to get maintenance or alimony through the divorce, you could use the fact that she is having an affair and is the cause of the divorce to assist in the defeat of her maintenance claim.

As for preventing the affair itself, while infidelity is immoral, it is no longer illegal, and there may not be any legal recourse for that.

I cannot give you specific legal advice as I am not familiar with the facts of your case. For a more in-depth answer, please consult a family law attorney in your jurisdiction.

Cordell & Cordell has men’s divorce lawyers located nationwide. To arrange an initial consultation with Janet Yu Johnston, an Associate Attorney in the Louisville, Kentucky office, please contact Cordell & Cordell.

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