I did not cheat on my husband, but he believes that I did and would like to file citing those grounds. I am now in a very serious relationship with someone new and want to be divorced immediately (we have to be apart a year to file here) and am considering letting him file using those grounds, since technically i'm cheating now since we are still legally married. My question is what difference does this make? How will it affect me in the future? I truly do NOT want to wait a whole year (and then some) to be divorced from this man. Please help!
2007-08-20 17:59:50 · 17 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
we do NOT have children. i do NOT want alimony. and for the jerk who insinuated i cheated...i didn't. i found out my husband was homosexual and that led to the demise of our marriage. he is telling everyone else different. i just chose to move on with someone better.
2007-08-20 18:08:37 · update #1
why do you think he needs "grounds"? you or he can simply file for divorce based on irreconcilable differences. nothing should "affect you in the future". you both agree to dissolve your marriage and are free to persue whatever life you wish.
i believe the "year apart" thing has to do with the court allowing you a year just to see if you're serious about divorcing, whether you wish to get counseling, etc. because divorce courts, judges don't want to waste their time on frivilous law suits that couples use against each other.
if you HAVE to wait a year, you needn't remain alone. legally. he can't tell you who to date nor can you tell him.
2007-08-20 18:20:36 · answer #1 · answered by shyanne 5 · 0⤊ 1⤋
It would depend on the state you live in. In Nevada, if you file on the grounds of adultery, the one who cheated is entitled to nothing. I think more states should be like that. In the Liberal Republic of California however, adultery is not considered a reason for divorce. They call it "irreconcilable differences". He may be filing on those grounds to gain leverage in court.
2007-08-20 18:07:08 · answer #2 · answered by Rick 5 · 1⤊ 0⤋
Bringing an action on the ground of adultery, especially if your spouse is not going to contest it, is not a simple matter. The proof of adultery here is difficult - you are not permitted to testify against your spouse, and you must have a witness ready to convince the court that your mate did engage in sexual relations with another person. Adultery is usually proven by circumstantial evidence, that is, by showing that your spouse had the opportunity, inclination and intent to engage in sexual relations with the other person.
In addition, there are four defenses to the charge of adultery, and if any of these are proven, the court will deny the divorce:
“Procurement” or “connivance”-Procurement means that one spouse actively encouraged the other to commit adultery. Connivance is similar to “collusion” or “consent” by a spouse to the adultery.
“Condonation” or forgiveness-Having sexual relations with your spouse after discovery of his or her adultery is an absolute defense to your divorce action based on the adultery.
“Statute of Limitations”-This means that there is a time limit (five years from your discovery of the first unforgiven act of adultery) for you to bring the divorce action.
“Recrimination”-This defense means that you, too, were guilty of adultery. No matter how convinced the court is that adultery was committed by both parties, it is forbidden from granting a divorce on grounds of adultery. Thus, if each spouse proves the adultery of the other, neither can obtain a divorce against the other on that ground.
2007-08-20 18:09:16 · answer #3 · answered by Nita and Michael 7 · 1⤊ 0⤋
If you live in a community property state, just take your 50% and be done with it. Don't forget his retirement. In some states, adultery can cause unequal division of property. Talk to your lawyer about it. In my state we have a "no fault" divorce that does not require grounds. Good Luck.
2007-08-20 18:15:45 · answer #4 · answered by baseballdad69 5 · 0⤊ 0⤋
Usually if he has grounds for a divorce, you get less money and things from the divorce, since you caused the break up. Meaning instead of your standard half of everything, you may get 1/3 or even nothing.
2007-08-20 18:07:45 · answer #5 · answered by janicajayne 7 · 0⤊ 0⤋
Depends on the state you are in as to if it is going to be a factor or not or to what extent.
You say in your state you have to be separated for a year to get a divorce...Are you aware that many states that have that stipulation require that it be a LEGAL separation, where you go to court and actually have a separation agreement signed by a judge? This year you have been apart - may not even count.
E-mail me your state and I can give you more information if you want.
2007-08-20 18:07:51 · answer #6 · answered by allrightythen 7 · 1⤊ 0⤋
You need to file for divorce on the grounds of Fraud because of his not being honest with being a homosexual.
2007-08-20 18:34:20 · answer #7 · answered by I do 26.2 4 · 0⤊ 0⤋
If there is 'fault` , (adultery), it might effect
any financial settlement.
If that is agreed on beforehand, and there are no
other issues it makes no other difference, except
maybe to the Ex's ego.
2007-08-20 18:47:21 · answer #8 · answered by Irv S 7 · 0⤊ 0⤋
ur husband is just angry because you have found somebody better...so he is using every tactic he can to destroy what you have. If I were you...I would file for divorce first and I mean ASAP. If he wants to contest it, that is another situation...but get yourself a lawyer before he does.
2007-08-20 18:07:25 · answer #9 · answered by yuma yuma 2 · 0⤊ 0⤋
What's really sick here, is that you call her your friend. A REAL friend would not condone cheating on their spouse. You should tell her to stop the affair, and end her marriage the proper way, or perhaps question her as to why she married the man in the first place.
2016-03-17 03:44:43 · answer #10 · answered by Janet 4 · 0⤊ 0⤋