a friend of mine and her husband have been split up for almost a year and each of them have both been in different relationships. they are not divorced but live under two different addresses. when one files for the divorce can they both file for adultry or will the judge probably just throw it out of court due to the fact that they both commited adultry?
2006-12-13 10:13:33 · 9 answers · asked by Delila C 1 in Family & Relationships ➔ Marriage & Divorce
Adultery is a ground (a reason) for divorce--it's not illegal in the sense that you can to jail for it. Why do they even want to use that anyway? One can file and the ground will be that the other moved out and wouldn't work on the relationship.
If one files, there's no point in a counter suit b/c the divorce will happen anyway--a counter suit would be a waste of money for one of the parties.
The judge won't throw out a divorce just because they both did something morally wrong.
Did that answer your question--post an edit if I can explain something better for you. Thanks and good luck to your friend!
2006-12-13 10:19:10 · answer #1 · answered by kathylouisehall 4 · 0⤊ 0⤋
There are some states--not all--where adultery is technically illegal, but it’s a law that’s never enforced, and it’s been argued many times that these types of laws are unconstitutional.
In some states--again, not all--adultery is grounds for divorce, and Ohio is one of those states. But since they’re both (apparently) guilty of it…
Your friend should talk to an attorney about it, but why not just file for a no fault divorce? The only requirement for it is a one-year separation.
2006-12-13 11:29:51 · answer #2 · answered by kp 7 · 0⤊ 0⤋
It's against the law in all states. But it is never used. No they cannot used that as their basis since they both engaged in it after separating. They should file irreconcilable differences and leave it at that.
2006-12-13 10:17:14 · answer #3 · answered by kitcat 6 · 0⤊ 1⤋
Lawyers won't even consider it. Better to split and make all the choices between each other. Sure would save a lot in lawyer expenses. I know been there done that.
2006-12-13 13:38:49 · answer #4 · answered by c_my_blueeyes 2 · 0⤊ 0⤋
No. Both can accuse the other of adultery and it wont make any difference to the judge. How long were they married and are there any kids that's what counts.
2006-12-13 11:44:06 · answer #5 · answered by Anonymous · 0⤊ 0⤋
It is against the law, everywhere, but they would be very ignorant to bring it up in a divorce hearing if they both did it.
2006-12-13 10:18:47 · answer #6 · answered by Anonymous · 0⤊ 1⤋
my guess is that it is so common anymore it will be thrown right out of court
did a few google searches
and the only state i did find it a law was Oklahoma
2006-12-13 10:20:50 · answer #7 · answered by seven_ms_man 4 · 0⤊ 0⤋
It should be against the law everywhere. But I don't think it is. It would really help and make people think before they do because there would be concequences.
2006-12-13 10:17:18 · answer #8 · answered by Farmwife 3 · 0⤊ 0⤋
YES
2006-12-13 10:53:48 · answer #9 · answered by fortyninertu 5 · 0⤊ 0⤋