Ask a Divorce Lawyer: My cheating wife says if I divorce her no matter what she gets half of everything. Is that true?

Question: Through the Internet, my wife has found someone that she says she loves more than me. She is having sex chats and video sex with him on our computer. 

I’ve confronted her about this and she says if I divorce her then she gets at least half of everything. Is this true?

 

 

Answer: Because I do not know the laws in your state, I cannot tell you whether or not her statement is true.  I practice in Wisconsin.  If you were in Wisconsin, her statement would generally be true with the exception of any property you obtained by gift or inheritance.  If the division will be relatively equal and you accumulated substantial assets during the marriage, you should consider the low value that will likely be assigned to these assets at this time and how those assets will grow the longer you stay married.

 

 

 

Most states are no-fault divorce states.  This means there does not need to be any allegation of abuse or adultery, rather, the Petitioner simply needs to allege that the marriage is irretrievably broken or some other equivalent language.  However, some states have a fault divorce option which may be advantageous for you.  I do not know the laws of Virginia so you should definitely contact an attorney regarding this issue.  Even if fault is not needed for the divorce, the adultery may be a factor the Court would use to consider property division and support.

Before you make any decisions, you should contact a domestic litigation attorney licensed in Virginia.  In addition to discussing property division, you will also want to discuss whether you have any maintenance (alimony) exposure. 

 

Erica Christian is an Associate Attorney in the Milwaukee, Wisconsin, office of Cordell & Cordell, P.C. She is licensed to practice law in the state of Wisconsin. She is a member of the Wisconsin Bar Association, the Family Law Section and the Children’s Law Section.

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