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PostPosted: February 7th, 2005, 6:00 pm 

Joined: August 1st, 2003, 9:52 am
Posts: 1874
This was submitted anonymously to Angela via email. Please help her if you can.

I'd like to know what the courts position is on adultery. Is
it different by state or just by judge?

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PostPosted: February 9th, 2005, 3:01 pm 

Joined: January 13th, 2004, 4:38 pm
Posts: 426
It varies by state AND by judge. For example, most states allow for uncontested divorce, but some allow only divorce "for cause." In those states adultery is always an acceptable cause. And if your spouse won't agree to an uncontested divorce, but you can prove adultery, then you can get a divorce based on that, without his (or her) agreement.

When it comes down to dividing assets--and even more importantly, child custody--adultery can weigh heavily in the decisions that a judge makes. Some states have specific laws concerning this, but even in those that don't a judge can take it into consideration.

Bottom line: you need to talk to an attorney in your state.

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