My wife has committed adultery if I divorce her does she still get half of my assets? (house and 401k) I want her to get as little as possible.

It depends on the state you live in and the length of your marriage... not to mention the judge you get in front of.

Did you have a pre-nup with anything outlining adultery?

This is what divorce court is all about, many judges don't even put a lot of weight into the cause of the divorce, some will put some weight on it.

So you can expect to spend 1000's on an attorney to fight to try and keep as much as you can.

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Originally Posted by saddad212

my wife has committed adultery if I divorce her does she still get half of my assets? (house and 401k) I want her to get as little as possible.

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Adultery is one ground of many for obtaining a divorce. It is a 'fault' ground, distinguishable from 'no fault' grounds. If you can prove your wife committed adultery, you most likely will be relieved from providing periodic support (alimony) or paying her attorney fees, even if you have greater income than she has. As for your assets, she has a claim regardless of fault; it may be under the theory of 'equitable distribution' or 'community property', depending on how your state has set up ownership of marital assets. A particular judge or jury may listen to the facts of your case and just not like your wife; in that event, she may be penalized and not receive a very large share; but in the course of you proving her adultery, she may prove things about you that a judge or jury won't like either, and you may suffer a penalty. A trial involving adultery can be very expensive, so you need to take care in retaining a knowledgeable attorney and be prepared to pay a lot.

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Originally Posted by George_1950

Adultery is one ground of many for obtaining a divorce. It is a 'fault' ground, distinguishable from 'no fault' grounds. If you can prove your wife committed adultery, you most likely will be relieved from providing periodic support (alimony) or paying her attorney fees, even if you have greater income than she has. As for your assets, she has a claim regardless of fault; it may be under the theory of 'equitable distribution' or 'community property', depending on how your state has set up ownership of marital assets. A particular judge or jury may listen to the facts of your case and just not like your wife; in that event, she may be penalized and not receive a very large share; but in the course of you proving her adultery, she may prove things about you that a judge or jury won't like either, and you may suffer a penalty. A trial involving adultery can be very expensive, so you need to take care in retaining a knowledgable attorney and be prepared to pay a lot.

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Depends on the State - NYS is very, very reluctant to issue a divorce on grounds of adultery, changes it to some other grounds, won't even entertain the evidence in many cases.

I do a LOT of these investigations and all they do is help one party decide how to proceed, doesn't really help legally. I have not been called to testify in many, many years because the grounds were changed to something else.

Some Judges think adultery is cause and effect - "I was unhappy and so ..."

Scarlet letters are no longer branded on foreheads.

Judy Kay T

I need to know something. I have been in my relationship for 13 years and counting and married for 10 years and counting. My husband told me he cheated on me this year in January, and he has cheated for the th and final time. I need to know how can I sue the other woman for sleeping with a married man? What law would that fall under? Please if you can email me at >Removed<. Thanks!

No, not in NY. The grounds were abolished years ago.

You couldn't sue the other woman for sleeping with a married man. You COULD - at one time - sue for alienation of affection, stealing him away from you.

I'd be less worried about her and more worried about him. He made promises to you; she's a free agent.

Have you filed for divorce?