Question:
My wife has spent the last couple years living like she is single. She admits to hanging out with other men and will regularly disappear for weeks at a time.
How will her adultery affect our divorce case? Does this qualify as abandonment?
Answer:
I do not practice law in your state and therefore cannot provide you with specific information or procedures. However, I can offer you some insight to your situation to be discussed with a family law processional whom practices in your jurisdiction.
Each state has its own criterion when determining adultery and/or abandonment. These may act as defenses to support or factors in the distribution of assets or debts depending on your state.
If your state’s law is similar to Pennsylvania law, the court would look at evidence supporting this defense. The evidence could include witness testimony as well as exhibits. This evidence is typically presented at a hearing. There are situations where a party should not file certain claims (such as divorce) or they will lose specific defenses.
Again, this is state specific. Therefore, it is important that you consult with an attorney in your state to ensure that you have sufficient evidence to support your claim as well as to determine when these defenses should be raised.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.
