My wife had an affair that has led to me filing for divorce, hopefully on grounds of adultery.
Even though her affair ended months ago, can I still file for divorce using the adultery ground and will she still be at fault in the divorce?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Oklahoma divorce laws where I am licensed to practice.
Whether or not you can file for divorce based on grounds of adultery does not depend on the time when the affair happened. However, you might not be able to file on this ground if you have forgiven her for the affair.
Just because you file based on grounds of adultery does not mean you divorce will be based on that ground. A judge can grant a divorce any ground that there is evidence for. It is very common for divorces to be granted based on grounds of incompatibility, which is simply the parties no longer get along.
Furthermore, fault has no effect on property division or alimony decisions where I practice, though this does vary by state. Some states may consider adultery – and the facts and events surrounding the affair – when determining child custody or parenting time schedules.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.