My wife has committed infidelity and has said she wants out of our marriage.
My wife has continued cheating and has yet to leave the house.
Can I force her to leave the house, and will I be able to use her behavior to keep my children away from her new boyfriend?
This answer only includes general divorce information for men as I am only licensed to practice in Michigan and cannot provide advice on divorce laws in your state.
Generally, a court will not force one party to move out of the marital home unless there are extenuating circumstances, such as posing a risk of harm to the other parent or the children. The harm has to be more than discomfort or uneasiness.
Physical harm is the easiest to document and prove in court. Mental or emotional harm is more difficult to qualify and may only be possible with the help of an expert, such as a psychiatrist.
Each court will differ on their opinion of introducing new relationships to the children. Many judges take a strong stance that the new romantic partner should not meet the children at all until the divorce is finalized, or even longer if the new partner poses a risk to the children.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.