Adultery...what is the actual definition - as far as grounds for divorce and if it's during separation?

Question

The first part of the question is about legally if you want to use adultery as grounds for a divorce.... I assume that I would have to prove an actual physical relationship?
The second part is that since I have been separated, I have begun a "friendship" with someone else. It hasn't become physical in any way. Legally, am I in the clear if it does become physical?
Hubby has asked me not to do anything and wants to work things out through counselling, I am pregnant (his child) and have told him that if he will not come home, I consider this leading to divorce, and although we may work things out, I doubt I'll have what is needed to dedicate to rebuilding a marriage when i have a newborn baby to devote all my time and love to. I told him I am willing to try though. The third part of my question has to do with the morality. I figure if he doesn't want the responsiblity of being here and being my husband, he doesn't have the rights either> my commitment and fidelity...what do you think

to make things more clear, he has been talking to a girl on chat and phone since before we separated, that's what started all of this, and he promised me he would stop talking to her but he lied. I found out he won't give her up to work on our marriage. I have no proof of whether or not they have met in person though, just emails and phone records of him calling her. Now I have a "friend" and don't know where things are going... i have no plans with this other man, i'm just curious about later on down the line. we are in canada, and grounds for divorce are either 1 yr separation, adultery, or something else that doesn't apply at all.

Answer 1

Just get on with life and make him pay support and not go to him hes got girlfriends and he wont' tellyu if he continues and he will somewhere or someplace. hes not honest and therefore you get your baby and have him pay support and go on with life.

Answer 2

Adultery is the *basically* grounds for divorce with the opportunity of remarriage. There are 3 grounds for *separation* - a million) severe actual abuse 2) religious endangerment 3) Willful non-help each and each could be so severe that the offending mate must be disfellowshipped if a Witness. there is suggestions in this in an appendix interior the God's Love e book, however the definitive article in this subject is the 11-a million-88 Watchtower, web site 20. === 'Committing adultery interior the middle' isn't grounds for divorce or separation. Jesus stated that the only grounds for a divorce became 'fornication' (Matthew 19:9). there is not any such subject as 'fornication of the middle.'

Answer 3

Well, actually, most states allow no fault divorces. So, you likely will not need to put a reason down as to why you want a divorce. Even if your state does not have no fault divorces, most people just put irreconsilable differences to avoid airing all the "dirty laundry" before the court. Anything divulged during a divorce hearing is public record, accessible to anyone wanting the information.

And, while some states still have adultery laws on the books, most of those laws are never enforced. I wouldn't worry about that.

Honestly, if you are already separated, why go to counseling? Most likely it will not help, and will just cost you time and money. But, it sounds like he is stringing you along, still trying to have some control over what you do in moving on with your life. He only has "rights" if you allow him those rights.

Best bet, move on. Forget about the counseling, and concentrate on both of you being parents to the newborn on the way. A child will be happier with two happy parents in different homes as apposed to two fighting parents still together.

Answer 4

You need the check the laws of YOUR state. In some states, adultery is not grounds for divorce. That’s not to say you can’t get divorced, but you would have to file under something along the lines of ‘irreconcilable differences’.

So, what’s your concern here?

Are you worried that you may be publicly labeled (via the divorce grounds) as an adulterer?

Are you worried that he might be able to use it to gain custody of the child? That’s probably unlikely, because the fact that someone committed adultery does not necessarily make them an unfit parent, unless it had a DIRECT effect on the children (ie you left the child unsupervised while you went off to have sex with your lover).

Are you worried that he’ll try to use it as a way of gaining more in the divorce settlement? In most states adultery has little to no effect on the divorce settlement/property division, but in a few states it does.

Now morally, that’s an entirely different matter. So, here’s my *strictly personal opinion*…(1) adultery can never be justified (2) you’re married until the day you get divorced. So if you’re having any form of sexual contact (be that intercourse, fondling, just kissing, or whatever) with someone other than your husband *even if you’re separated*, you’ve committed adultery (3) as long as he’s your husband (and he is until the day the divorce is final) then he has a right to expect your fidelity, just as you have a right to expect his. But, again, that’s just my personal opinion.

Answer 5

Conflict or anger itself does not have to cause an irreparable rift between partners. With good communication skills and a shared commitment to a marriage, even these are surmountable. How to save your marriage https://tr.im/Zhhc5

However, at that point where one partner is at the brink of abandoning the relationship, how can the remaining partner save their marriage? If you are at the point where your spouse has asked for a divorce, what can you do?

You must realize first that, you do have a choice. Often, when confronted by a crisis, we find ourselves backed into a corner thinking we have no choice in the matter. How can we change the situation when it involves another person's feelings or decisions? While we cannot, must not and in no way manipulate, blackmail or threaten our partner into changing their mind, we can actually control how we react to the situation. If anything, you must realize that you still have control over yourself. You have the opportunity to look inward and take responsibility for your own feelings and actions and even have the chance to take personal inventory of what your partner is trying to tell you. Are there points in your marriage that must be changed? If so, respond appropriately and proactively.

Answer 6

Sometimes, letting go seems like the easiest thing to do. But think about this: you've invested so much of your time and energy into another person; you've made a solemn promise; and you still know there's love, even if it's hiding underneath the surface. This website will show you how to save a marriage and avoid divorce, even if you're the only one trying https://tr.im/Hh72O

Answer 7

Unless you are legally seperated you can be looked for adultery if you have anything physical with this other guy. It sounds like you have an okay guy if he is willing to go through counselling
you are already carrying his child so don't you think it proper for the baby to have his real daddy around? You have lots to think about but really think about the baby and the father then you, you,you. God Bless and Good Luck.

Answer 8

Check with an attorney in your state to find out how your state views the issue of adultery. I lived in MS years ago and at the time it was a criminal offense there (but it's not that way everywhere).

The dictionary's definition of something and how the law interprets it are often different. In this case, you need to know how the law sees it to protect yourself.

Good luck!

Answer 9

You question HIS morality? You question HIS commitment and fidelity? You're the one that's already involved with another man before the divorce papers are even signed, and YOU'RE PREGNANT! You're wondering if you're in the clear for adultery if you're not physical with your new "friend". If you don't work this out with your husband like he wants to do, I hope he divorces your *** and gets full custody of the baby because you don't deserve to keep it.

Answer 10

Adultery is extramarital, consensual sexual intercourse. Some legal jurisdictions define it more broadly to include varying levels of extramarital sexual relations. Historically, and in some places still, adultery has been defined as consensual sexual intercourse between a married woman and a man other than her husband.
http://en.wikipedia.org/wiki/Adultery

Don't have ANY PHYSICAL RELATIONS with anybody else UNTIL you are legally divorced. BETTER SAFE THAN SORRY. You are still married and anything physical you do is counted as EXTRAMARITAL.

Answer 11

i wish i could find out if i could have adultery as grounds and get proof my husband is cheating so far i only caught him kissing this women but i need more prove but abuse probally be grounds., so to answer your question we would have to prove our husbands cheated, unless you want cousnling since your pregnant its best you try to work your marrige out and both be there for your baby but you need to tell him if it ever happens again you will take the baby and get a divorce