Me and my wife were having troubles over a year ago. I did cheat on her a got the other woman pregnant but she did forgive me and we have been back together for over a year she wanted to work things out. Now she wants a divorce. My question is can she now use that against me?
Not an attorney*
Cheating/Infidelity opens your paramour up to Alienation of Affection and Criminal Conversation suits. If she is the dependent spouse, she is also more likely to get Alimony. NC is a no fault state, so the cheating itself doesn’t go very far in the divorce itself or in custody issues.
If she truly forgave you, then you could argue ‘condonation’ which means she forgave the affair and would bar the AOA suit and the assertion of infidelity with regards to Alimony. Doesn’t mean she still doesn’t get Alimony, but she can’t use the affair as an assertion for the claim.
It also depends on whether you really stopped the infidelity. If she forgave you and attempted to work on the marriage, but there is still evidence that you continued the affair afterwards, then all bets are off again.
The AOA, CC and Condonation would all be discretionary in proof and what the particular judge believes after the presentation of evidence. It’s messy and nothing is a given.
Affairs are a factor in determining alimony. If you are the supporting spouse, an affair means guaranteed alimony. If you are a dependent spouse, having an affair is a bar to alimony. Wcom is correct. If the affair was forgiven, it should not be used against you in determining alimony.