What legal actions in divorce court can I take if my spouse cheated on me with a minor?

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What legal actions in divorce court can I take if my spouse cheated on me with a minor?

My husband and I were married for 2 years; we have a child together. I discovered he was having an affair with a minor. I ended the relationship and am about to file for divorce. I have proof that he was with this child, and that it started when she was 14 years old. I went to the mother of the girl, and she said she was going to handle it by calling the cops if he came around again. I want to provide all of this in our divorce process, showing his infidelity and his illegal relationship with the minor. What can I do?

Asked on May 31, 2012 under Family Law, Indiana

Answers:

Jeffery Haupt / Law Office of Jeffery M. Haupt

Answered 9 years ago | Contributor

If you are using it for purposes of showing his infidelity, it really won't matter in terms of getting the divorce granted.  Indiana is a no fault state, which means that you do not have to have any specific reason for getting a divorce other than the relationship has suffered an irretrivable breakdown.  In my experience a court has never asked what caused the breakdown, but that just one exists. 

If you are looking to try to bring this up for purposes of establishing that parenting time should be suspended or supervised, then I would strongly suggest you consult a divorce lawyer as the accusations that you are making are rather harsh and if true can result in some serious negative consequences for your husband (both in terms of criminal issues and parenting time with his child). 


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