Different Stuff


#1
  1. If me and my wife seperate after a month after she discovers my infidelity does that count as acceptance of the infidelity?

  2. My wife original goal was to not work after the birth of our child and after 6 months she would resume working again. It has been 6 months and now that we have seperated her job is offering her more opportunities and longer hours to work, would that count as bad faith because she can work more hours but she has not yet.

  3. If I had bought a condo property before marriage which I rent out and no marital funds go into the condo can my wife file for any martial equity.

  4. In an article you wrote you defined adultery as an " act of illicit sexual behavior which is defined by sexual intercourse or sexual/ deviate sexual acts other than your spouse ( penetration must occur ).
    So my question is if my wife discovered I received an erotic massage from an escort and no penetration was involved and she has no proof of any penetration. Did I commit adultery.

Thanks for the help.


#2
  1. Without more, it is not likely that separating after a month of learning of a spouse’s infidelity counts as condonation. Condonation is fact-specific but includes things such as whether or not the couple engaged in marital counseling, whether or not the spouse knowing of the infidelity continued to have a sexual relationship with the adulterous spouse, etc.

  2. This would likely not be considered bad faith on your wife’s part since she has not worked since the birth of the child.

  3. The condo itself is likely your separate property unless there was a mortgage paid during the marriage or repairs made during the marriage in which marital funds were used. In that case, the condo could be considered both your separate property and marital property.

  4. A massage with no penetration is not enough to be illicit sexual behavior. However, illicit sexual behavior is proven with inclination to commit the illicit sexual behavior and the opportunity to commit the illicit sexual behavior. The actual act of illicit sexual behavior does not have to be proven (as this is often virtually impossible to prove). So the law could consider that you committed an act of illicit sexual behavior during the marriage if your wife can prove inclination and opportunity.