Scenario: Husband cheats on wife, wife has proof, husband even admits the adultery. Wife does not want to file for divorce but rather try to work it out. Husband wants divorce so he can be with the other woman. What options does the husband have? Can he file for divorce even though he is the one who committed the adultery? If so, would it be a wise thing to do?
2007-06-13 03:46:35 · 24 answers · asked by m35603 1 in Family & Relationships ➔ Marriage & Divorce
This is in Alabama.
2007-06-13 03:48:03 · update #1
In this type of situation yes, he can file. You can file in any situation. However, both parties have to agree. In this scenario it would be best for her to get a lawyer and start building her case. The fact that the wife has proof of the adultery will help the judge rule in her favor. Anytime you have a husband who has committed adultery and does not want to try to work things out, he is at fault for the failure of the marriage, so anything that she asks for in the divorce is almost guaranteed hers.The one who wants to work it out needs to take care of their self and any children involved.
2007-06-13 04:21:08 · answer #1 · answered by 7 2 · 0⤊ 0⤋
I can't tell if you are the husband or the wife from the way that you worded the question...Alabama has both fault and no-fault divorce. The minimum separation is 2 years before the divorce is granted. Visit this site to begin to learn what you need to do:
http://www.divorcelawinfo.com/Pages/grounds.html
Yes, the husband may file for divorce even though he is at fault.
It is a wise decision to file for divorce if one party has mentally divorced already, which it appears the husband has, unless he is harboring doubt which I see no evidence of in what you wrote.
If the wife decides to sue for fault, she will win because of the admitted adultery, and she will probably end up financially with the better deal. She will probably also receive custody of any children if there are any.
2007-06-13 04:03:38 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yes he can file for a Divorce and yes it is a wise thing for him to do if he plans on being with the other woman. Why would you want to work out something that includes a third party? Let him go and be with the other women if that's what he wants, or he'll just make your life miserable. Why hang onto something that's not working?
2007-06-13 04:00:28 · answer #3 · answered by 24Special 5 · 0⤊ 0⤋
Get yourself a good attorney and file first and let the attorney know that it is for adultery. Most judges don't approve of adultery. If your husband wants to be with another woman then they deserve each other. Get everything that you can. Both people can divorce each other. My cousin's husband filed for a divorce and she went and filed for a divorce also.
2007-06-13 03:57:11 · answer #4 · answered by Nancy M 7 · 0⤊ 0⤋
yes he can file for divorce and you should want him to. i mean goodness he is still having the affair. he didn't just cheat on you once but he betrayed you over and over again everytime he would even think of her. i know you love him and it's hard to imagine your life with out him but when it is all over you will be much happier knowing that you didn't waste one more day with this man and his cheating ways. honey you can do so much better for you and those children. take care of your self and don't settle for anything less than perfect. if you have proof and he admits this as well i believe that there is somesort of legal deal when you get a divorce over adultry that makes him have no rights to stuff. well good luck. remember you are a strong woman and you can and will get through this
2007-06-13 04:00:42 · answer #5 · answered by stt143 2 · 0⤊ 0⤋
He can file for divorce but hes still the one that's going to come out looking like an a**. Plus with your proof, you will probably be granted most of what you ask for if not everything.
2007-06-13 03:52:02 · answer #6 · answered by EspysMom 3 · 0⤊ 0⤋
If he files for divorce, there does not have to be anything in the papers stating he was unfaithful. If he has cheated and wants a divorce even though you are willing to forgive and work on it, then you need to let him go.
2007-06-13 03:57:51 · answer #7 · answered by Suthern R 5 · 0⤊ 0⤋
of course he can file for divorce. even if he is in the wrong, he has decided that he wants out. What the WIFE needs to do, is get a lawyer and file first! Especially if there are children, she needs to make sure he knows he needs to take care of his kids
2007-06-13 03:50:29 · answer #8 · answered by twosey ♥ 5 · 0⤊ 0⤋
If you are not in love with her, yes. There is no reason to keep a wife that you aren't in love with. If you cheated b/c of some reason like her lack of affection, or her being a B&*%^ I would say you may beable to work on it.
I have a friend going through the same thing, but it is the husband that wanted to work on it and he is the one that was cheated on... His wife did file...
2007-06-13 03:51:30 · answer #9 · answered by carrie_penny 3 · 0⤊ 0⤋
This is a shame. I am proud of you since you would like for it to work. The wise decision to make is to just let him get the divorce and he has to pay alimony every month. Just let him do it. His lost your gain. You will be happier in the end. I wish you the best and you sound like you are a good person. Don't worry it will be okay.
2007-06-13 04:01:01 · answer #10 · answered by Jamonican 4 · 0⤊ 0⤋