If my wife abandoned me and I have sex with another woman, can she sue me for adultery even though she is the one that abandoned the marriage without notice?

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If my wife abandoned me and I have sex with another woman, can she sue me for adultery even though she is the one that abandoned the marriage without notice?

Asked on December 24, 2015 under Family Law, South Carolina

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The quickest way to get divorced is to reach general agreements in the divorce.  It is better to allege general differences as the basis for requesting the divorce, rather than seeking a divorce for cause.  Usually, when was spouse alleges a cause, then the other spouse will feel embarrassed and either seek to defend the accusation or seek to make the other spouse equally embarrassed.  Disputes make divorces last longer.  If you file and then she alleges bad conduct on your part... then you can amend your pleadings to allege fault on her part as well.   To start out though, tell her you want the divorce.  Work out the agreements that you can... and work to getting it done as quickly as possible. 


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