If I committed adultery and then my wife did, does it matter that I cheated first?

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If I committed adultery and then my wife did, does it matter that I cheated first?

I had an affair. My wife moved out and filed for divorce. Then she had a relationship and has stayed married to me for almost a year. She is just now having papers served to me and demanding a lot of things, alimony, etc. on the grounds that I was the adulterer. She did not have a sexual partner until she moved out and had filed for divorce, so she is saying that is not adultery. What does this mean for her/us? Does she have solid ground to stand on?

Asked on March 25, 2011 under Family Law, Texas

Answers:

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

Answered 10 years ago | Contributor

Many lawyers try and use the issue of adultery to get their client a bigger property settlement in a divorce action.  But in Texas, as in many other states, you have to be able to prove the allegation rather than just state it.  And really, it does not mater much when the court is weighing the issues before it.  Also, your wife would be incorrect in her definition and assessment of adultery.  Adultery is cheating with one person(I just do not wish to get graphic here) while married to someone else so she is just as guilty of adultery here.  I really hope that you have an attorney because you need one.  Get help.  Good luck.


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