Dear Bystander:
Greetings. Yes, she may be able to use the infidelity against him. Yes, she may use the relationship for alimony, but generally not for distribution purposes. I would need more information to affect the right to sue for A of A and CC. No, the relationship (as you have described it) has not be condonned.
Best of luck (and get an attorney before you talk to her anymore).
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
Sorry, I forgot the most important aspect. If a man comes to his wife and tells her that he wants to be separated from her, because he has become emotionally attached to another woman and has found out about some of the wife’s indiscretions, the wife at first gets upset and angry, but soon goes along agreeing that it could’ve been anyone, he was just looking for a way out, because they have been so unhappy. Has conversations with him about the new relationship trying to keep things amicable, though agrees that the marriage is over and does not allow him in the house. A couple weeks down the road, she then has an extensive conversation with him, trying to get him to come back, to do marriage counceling, anything to make it work and stay together. He refuses, says he’s found out too many secrets that the wife has kept from him, can she then use the relationship against him? He didn’t want to get back together, so there was never a makeup time, so can’t she then use the relationship for alimony and distribution purposes and does that effect the wife’s right to sue for A of A and CC? Is the relationship condonned?
I’m sorry that I have so many questions, I’m just not sure where to turn and do not yet have a lawyer.
I very much appreciate you time and expertise.