Legal Question in Family Law in Connecticut

Re: Unfaithful wife

You might be able to use adultery as the grounds for divorce, and use the 2000 emails as proof, but why would you? Using the grounds of irretreivable breakdown (as at least one of the grounds) is a lot easier. The adultery itself will come into the case even if adultery is not used as the grounds for the divorce, because when the judge decides the issues of alimony and property division he or she must consider the reason for the breakdown of the marriage, and adultery will certainly be one of the reasons. Don't expect that the adultery will have much impact on the alimony or property division decisions by the judge, however. Unless the adultery impacted the family finances, it won't make that much of a difference. When the President of the United States can get away with doing interns in the Oval Office, no judge is going to get overly exercised about your wife's infidelity. If the normal split of assets would be 50%/50%, the adultery might result in 55%/45%, but even that isn't a sure bet. I realize it is hurtful to you, but that doesn't translate into a big deal for the judge.

Re: Unfaithful wife

CT, like all or most states, is a no-fault divorce state. This means that the only "proof" one needs in order to obtain a divorce, is to state under oath that the marriage is "irretrievably broken down without any hope of reconciliation." (you can still file for a divorce based upon fault in CT, however, it's not done very often, and, probably not necessary and more troublesome than it's worth, depending on the facts of the case)

The fact that you have "proof" of infidelity in 2000 and now, may be relevant to the distribution of assets and alimony, if either of you is requesting alimony. Fault may only be relevant to these two issues, and then, it may or may not make a difference. The court will look to the facts of each case to make that determination. If fault can be attributed to one of the parties as being a substantial cause of the breakdown of the marriage, then, the court may, in its discretion, make financial orders accordingly.

For some reason, we are seeing more "fault" in divorces today than ever before and I expect because of the state of our economy at the present time, it will be even more prevalent in the near future. This seems to erode the original purpose of the "no-fault" based scheme, however, it does not change the no-fault basis required to get divorced.

You can move out of the house. People do it all the time and "abandonment" in this case, should not be an issue.

You should consult with an experience family law attorney before you do anything.

Re: Unfaithful wife

To obtain a divorce you need only to state that your marriage has broken down and that there is no likelihood that you and your wife will reconcile. Determining who is at fault for the breakdown of the marriage may still play a part even without a specific allegation of adultery.

You may move out of the house without being accused of abandonment. However, if your wife needs financial assistance to pay the bills, particularly if you have children, you should continue to pay your fair share after moving out.

I would strongly recommend that you speak with an attorney as soon as possible if you are seriously considering divorce. Please check our web site for additional information regarding divorce. Please note we handle cases in the Tolland Judicical District (which covers Rockville / Vernon).

Re: Unfaithful wife

The other posts are generally correct. Because Connecticut is a no fault divorce state, you do not have to prove fault in order to obtain a divorce. If you need further help, you can email me at [email protected]. With offices in both Bridgeport and Stamford, it is easy to arrange a consultation.