I'm assuming yes being that we are still technically married, but what can be done about it. We live in PA, both living separately now, divorce was filed, and if adultery is commited, how can it be proven, if so what can be done about it. We also have one child who is 1. I'm at a loss here, not quite sure where to go because all if this technicall stuff is soooo confusing! Thanks for your help!!
2007-12-17 12:26:48 · 6 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
In most states adultery is a moral issue not a legal one. So, if you or your soon to be ex are having sex with someone else, I don't think its a legal matter.
2007-12-17 12:32:18 · answer #1 · answered by michael w 3 · 2⤊ 1⤋
What were the grounds for filing the divorce in the first place? Did you file for a no-fault divorce? Or were there other grounds for divorce?
Proving adultery can be difficult and expensive. You have to prove adulterous disposition and opportunity. You have to name the mistress, who can hire her own lawyer and be represented in court. And if you do not prove your case, you may be sued by the alleged mistress for defamation of character.
In PA you can get a divorce for adultery, but it will only affect custody if you can prove that the affair harmed the children. If they didn't know about the affair at the time, you cannot proe harm.
It also doesn't affect the amount of alimony awarded, though it may be considered in awarding alimony.
Also, if you filed for divorce on other grounds and he committed adultery after you were seperated, the court may consider you filing the divorce to be a contibuting act to the adultery. In this case, you filing the divorce told him the marriage was over, so you gave him permission to engage in other relationships.
2007-12-17 16:19:15 · answer #2 · answered by rlb1961 3 · 0⤊ 0⤋
Yes. You are still married in the eyes of the law.
You'd prove adultery the same way now as before...photos, emails, phone records of meetings and sexual encounters.
Good luck
2007-12-17 12:32:26 · answer #3 · answered by krinkn 5 · 2⤊ 0⤋
Adultery is rarely used for divorce purposes anymore.No one cares-especially a judge.Crap my ex got a girl pregnant while we were married -nothing happened.
2007-12-17 12:33:15 · answer #4 · answered by Lunaeclipz 5 · 0⤊ 2⤋
if you are divorcing why is adultery an issue?
shouldn't you just move forward and try to heal?
2007-12-17 12:31:48 · answer #5 · answered by starting over 3 · 0⤊ 1⤋
Talk to your attorney about all of this.
Good luck.
2007-12-17 12:46:47 · answer #6 · answered by box of rain 7 · 1⤊ 0⤋