Deadline to Avoid Wife's Affair Being Viewed as Condoned?


#1

Dear Sirs,
my wife & I are not yet separated, mainly due to the fact that we have a house to sell & neither one f us is comfortable moving out.
I became aware of an affir being conducted by my wife, I am in possession of stacks of circumstantial evidence, hotel stay, texts, calls etc.
I also have verified forensic evidence together with DNA testing results dating to Nov 17th 2016.

I seem to remember reading that I need to act within 6 months of that date to avoid the affair being declared “condoned” by me ( which it certainly wasn’t).
is this timeline correct?, how do I proceed when my wife & I are not yet even separated?

thank you


#2

There is no timeline or deadline for condoning a spouse’s marital misconduct. Condonation is very fact-specific and varies from case to case.

You can initiate the negotiations of all marital issues by presenting your wife with a proposed separation agreement. This would show that you are not accepting of the affair and would show action versus inaction.


Anna Ayscue

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

Understood, thank you very much.