I found out my wife is in affair. I collected all of the evidences and met attorney for separation. She asked forgiveness I needed time to think about it and after that I forgive her verbally with some of the conditions like. Quit the job where you had an affair with the man, Stop seeing/contact with this man.
She quit her job BUT after 2 weeks she meet this man again. I can not accept it anymore, she broke the conditions I asked for. Can I lawsuit Divorce from Bed and Board against her? I had no sexual intercourse or anything but I verbally forgive her I don’t know if that count as legal ‘condoning’ which can void my evidences that I collect in the past month?
Yes, based on the information you have provided, you can file a court action against your wife for divorce from bed and board.
It will be harder to argue that you did not condone the affair if you verbally forgave her. Plus, be careful about the amount of time that passes between finding out about the affair and a separation. The more time that passes, the more likely it will be considered that you condoned the affair, although there is no set period of time considered to be a condonation.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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