What to do if I’m going through a divorce and my wife is searching through everything trying to dig up the past and I’m worried she is trying to take the kids?

My wife and I are going through a divorce. We have a spotted past. About 6 years ago, she had a several month affair, then a few months later had another one with a different person for about 6 months. I never fully got over it. About 2 years ago I met somebody and had my own affair. We did try to work out the marriage and went to counseling again but we decided to get divorced. Currently she has been snooping through all my stuff. We are living in the house a week on and a week off, the kids stay there all the time.

Asked on July 23, 2012 under Family Law, Wisconsin


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The obvious solution would be to move your things out of the house but I can see that that may be a problem given the one week in one week out situation.   What you need to do is to speak with an attorney as soon as you can and discuss the matter in detail.  Generally speakingm courts do not take in to account "fault" issues in decideing custody of children and they look to foster relationships rather than sever them.  But decisions as to custody are made "in the best interest of the child."  Good luck.

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