If I cheated on my husband after we separated, what can he do to me in court?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I cheated on my husband after we separated, what can he do to me in court?
I started a relationship with another man 6 months after my husband moved out and we had already started divorce proceedings. My husband is claiming that he can take 100% of everything we have together.
Asked on October 20, 2010 under Family Law, Georgia
Answers:
Rob MacKenna / The MacKenna Law Firm
Answered 14 years ago | Contributor
Your husband is either wrong or simply trying to intimidate you. In Georgia the rule for property division calls for "equitable dvision," which means that the property is to be divided "fairly" (what that actually means could fill a book, but that's the essence of it). Commencing a relationship after you have been separated (or even before) will not mean that you have no claim to your fair share of the marital property. Depending on the circumstances, adultery - if proven at trial - could affect any claim you may have to alimony. But it is unlikely to have any effect on your property division, and certainly won't mean that he gets "100%".
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Do not let your Husband intimidate you even through the last stages of your "married" life. Do you have an attorney? If you do, please confirm my understanding of the law in Georgia with him or her. If you do not, then get one.
Generally speaking, if you have already filed for divorce you can not be considered an "adulterer." Why? Because the Courts can pin point a date certain that the marriage formally "ended" and that you are moving on as separate people. This can also be done through a formal separation agreement if your state allows or a settlement agreement signed by both parties. Adulterer is also not a bar to your receipt of what is due you under the equitable distribution laws (for your assets). It can be a factor in consideration of alimony and child custody (how it impacted on the children) but again, this is generally when it is raised as grounds for divorce. If your husband can not prove that this affair happened before he left and has not sued under these grounds I really would not worry here. Get help. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.