In what ways does adultry affect the outcome of a divorce?

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In what ways does adultry affect the outcome of a divorce?

I have not lived with my husband for almost 3 years. I did not plan this or expect to be gone so long. Friends intervened when they saw that I was dangerously exhausted emotionally and headed for a possible break down. After 12 months I was ready for working toward reconciling, however, he and the kids wanted divorce (he had been lying about why I was not living at home). Shocked and overwhelmed, I attemped suicide. I spent 3 days in the hospital. I have since gone back to school, have a carrer and am doing great. He is openly in an affair. How will these facts affect outcome of a divorce or will it?

Asked on March 23, 2012 under Family Law, Idaho

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for what happened but it is so great to hear that you have turned your life around.  You are much, much stronger than you may even know and you have indeed come out on top.  Now, dultery is a ground for divorce in the state of Idaho.  But I think that you are asking how it will effect the more pertinent issues such as distribution of assets, custody and support, correct?  Case law in your state will best be explained by an attorney there but generally speaking, adultery does not have an effect on these matters unless the person committing the adultery is diddipating marital assets to further the affair.  Like spending all your saving on the girlfriend.  My concern here is that he is going to claim that you abandoned the family and it  seems that he has brain washed the kids already.  Get legal advise in your area and good luck with everything.   


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