Adultery and condonation

Posted by Thomas MallonJul 10, 20150 Comments

My husband had an affair that resulted in a child.

Since we reconciled I was told adultery is out of the questions, but now since it was determined to be his, can I file on the grounds of adultery, if I chose to leave?

Thomas's Answer

Why do you need to prove adultery? You must prove that he committed adultery and you have not condoned it. Its pretty hard to prove that after 9 months or more. Once you have resumed marital relations you have condoned the behavior and a Judge is not going to grant a divorce based on adultery. That does not mean you do not have other grounds and can examine those other grounds for relief.