AWhat canI getin adivorce if my husband was cheating on me?

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AWhat canI getin adivorce if my husband was cheating on me?

I asked him to give me half of the money we have and he said he is not going to. So I will take him to the court. How are my chances?

Asked on October 6, 2011 under Family Law, Virginia

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your situation.  Generally speaking,  the issue of adultery is not one of those that a court takes in to consideration when they are making a determination as to distribution of marital assets. There is an exception, though, in some states.  When a spouse is using marital assets to support the adulterous affair - so in essence dissipating marital assets - then the courts may consider it.  Virginia is an equitable distribution state I believe and so marital assets are divided equitably and not necessarily equally.  There are a bunch of other factors that the courts take in to consideration when making the division.  Get help.  Good luck.


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