Infidelity Statue?


#1

To start off, I had a short-term physical affair 15 years ago. My husband recently found out about this from a third party, and when he confronted me about it, I admitted I did it. Now, he wants a divorce based on the grounds that I had that affair 15 years ago. I have done research and read that there is a statue of limitation on affairs of 3 years, but since this was 15 years ago, does that apply since he just found out about it. He has contacted an attorney and I received a letter stating that he wants to settle, leaving me particular items. Before I can make a judgement on whether or not I should sign the settlement, I just want to know if he can get a divorce based on the fact that I had an affair 15 years ago, which he just now found out about. Any advice will be greatly appreciated. Thank you so much!


#2

I am not a lawyer

  1. Your husband can separate from you at any time, with or without cause. You can do the same. After living in two separate households for at least 1 year, he can divorce you with or without cause. You can do the same.

  2. The statute of limitations is indeed 3 years from the last act of intercourse (criminal conversation) or marital alienation (alienation of affection). Your husband has no actionable case against your former paramour for either. DO NOT agree to a settlement without speaking with a lawyer. You are entitled to 50% of your marital assets and I suspect that your husband is relying on you not knowing this fact.

The relevant question that’s better suited for a lawyer is whether or not marital fault 15 years prior stops you from getting alimony if you are the dependent spouse (if you make less than your husband). I don’t know that answer. Good luck!


#3

I agree with JuniorJam. You are entitled to half the assets and he is past the statute of limitations for either torte. JuniorJam’s observation on alimony is also relevant.


#4

You are correct that the statute of limitations for an action against a third party for criminal conversation or alienation of affection is three years. The other posters are also correct that he can separate from you at any point in time if he so desires.

You are entitled to an equitable division of the assets. Generally, that means 50% but the court considers equitable distribution factors in making this determination and can award more or less than a 50/50 split if it feels that the split ordered is equitable.

Adultery is a complete bar to alimony. Even though it happened 15 years ago, if he just learned about it, and he never forgave you, he can argue as such.