Condonation in an adultery DBB

I am away on business and plan to file a DBB for adultery. I can’t do anything until I return home and don’t want her to know I am filing till the last minute. If she is asking for video sex with me while I’m gone is that considered condonation of her affair? I am trying to tread lightly until I get the money I need for a lawyer and get it set up. I won’t be home for another 2 weeks and she seems like she wants to do this more often now.

No, this by itself would not be condonation since you are in the process of making arrangements to file suit, separate, etc. However, it would be helpful to limit or refrain from this to give your wife less of a defense to a divorce from bed and board claim.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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