Adultery is a factor in a custody decision and is considered along with all of the other evidence presented. Unfortunately, adultery is pretty common in divorce and is not, on it own, a factor that trumps all the other evidence.
The adultery will, however, serve as a bar to any alimony claim your wife may make assuming that you have not also committed adultery.
Custody litigation costs and time frames vary depending on what county the matter is heard in. Typically custody litigation costs between $5,000 and $50,000 and takes between 3 months and a year.
Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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.