I was out on a date late December white still married and living with spouse. She said it was “OK” to have a open relationship. We are still living together today but will probably have a contested divorce and custody case soon. I friend of hers saw me dining and dancing with the other girl, we kissed but did not go further. Told wife about it because the “friend” confronted me also. Wife’s feelings where hurt but she realized she told me to, and we disided to work things out for a while, resumed a sexual relationship. Things have fallen apart since then. Wife has moved out of house 2 weeks ago in with her sister. Her friend that witnessed this I’m sure will be willing to testify and (according to wife) is already expanding story that we were making out and I had my hands up the girls skirt, etc… (when we just danced some and had a closed mouth kiss). I want to know if it will effect custody, ed, or alimony?
It shouldn’t affect custody or ED, but could affect alimony if the judge finds what happened amounted to marital misconduct. The fact she said it was okay, and condoned it after it happened will also matter.