Can I file on grounds of adultry?

iVillage Member
Registered: 06-20-2008
Can I file on grounds of adultry?
9
Tue, 07-22-2008 - 12:38pm

I was wondering if I could file for divorce on grounds of adultry if I only have proof of an EA?

iVillage Member
Registered: 03-19-2003
Tue, 07-22-2008 - 12:56pm

Short and sweet.... it depends.


In Tennessee (where I am), judges would rather not be bothered with the marital trash... no matter how hurt you are.


Basically, it usually is a more expensive divorce, and can drag our for longer because you have to bring proof (letters, e mails, witnesses, etc.) to prove your case, and unless you've been married for closer to 20 years, it's not going to make a significant difference in the outcome of the divorce.


Karen ~ wildlucky4me ~

iVillage Member
Registered: 06-20-2008
Tue, 07-22-2008 - 1:23pm

The only reason I ask is because as amicably as we are trying to do this, the one thing he will fight me on is being the conservator over our son.

iVillage Member
Registered: 11-28-1999
Tue, 07-22-2008 - 1:23pm
How would you prove it?
iVillage Member
Registered: 03-19-2003
Tue, 07-22-2008 - 2:36pm
Trust me... most adulterers are dumb.

Karen ~ wildlucky4me ~

iVillage Member
Registered: 06-20-2008
Tue, 07-22-2008 - 2:57pm
Like I said I do have emails telling her he loves her, but that's about it. I don't want an ugly divorce. I just want to be the conservator over my son. He doesn't have a cell phone so no records there.
iVillage Member
Registered: 03-19-2003
Tue, 07-22-2008 - 3:01pm
The e mails will be very compelling.

Karen ~ wildlucky4me

Karen ~ wildlucky4me ~

iVillage Member
Registered: 06-20-2008
Tue, 07-22-2008 - 3:04pm
It's not getting money that I'm concerned with. I don't care about the money. I just want my son. That's it....well that and to be rid of the controlling, anal a$$hole that is my STBX.
iVillage Member
Registered: 09-01-2005
Tue, 07-22-2008 - 10:50pm
In the state of Colorado, you are not even allowed to bring adultry up in court
iVillage Member
Registered: 06-09-2008
Wed, 07-23-2008 - 8:14am

I'm not sure the adultery issue would matter regarding conservatorship of your son, but ask your lawyer.