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Joined: Jan 2004
Posts: 646
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Joined: Jan 2004
Posts: 646 |
Because WH had contacted divorce lawyers as recently as April I am concerned of what I just read on a website: “Realize that the law, in most states, is very clear in that if a spouse becomes aware their partner is or has committed adultery and they do not immediately separate themselves, they forgive, accept and condone the actions of their partner and cannot later bring up the incident or use it against them.”
Also, for child custody questions, does the stay at home parent always recieve custody?
I am afraid that WH moved back home after 6 months to gain a stronger position if we divorce.
Any experience or ideas on this?
Loy
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Joined: Oct 2004
Posts: 490
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Joined: Oct 2004
Posts: 490 |
Loy,
Consult a lawyer as the laws vary according to where you live. In a lot of places adultery has no bearing on legal issues surrounding divorce whatsoever. Which state do you live in?
Miker
I was the BS - 36
She was the WS - 36, PA with MM
DS8, DD13, DD15 - All living with Dad
DDay 05/04, Divorced 08/05
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Joined: Jun 2002
Posts: 2,956
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Joined: Jun 2002
Posts: 2,956 |
Loy,
In the state of WV, if a wife has sex with her H AFTER she knows that he is committing adultery, the law assumes that she has "forgiven" him of that indiscretion and claiming adultery is NOT allowed in the divorce proceedings.
It is kinda like when a man and woman are married...she gets pregnant and has a child...that child is considered a "product" of the marriage even if she was with another man and HE is the father. If the H (years later) decides to divorce his W...he will be paying child support for that child.
The actions make statements...words aren't needed for it to be law sometimes.
committed
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