Can my wife still file at fault divorce for adultery?

This is a discussion on Can my wife still file at fault divorce for adultery? within the Divorce, Separation, Annulment forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; My wife and I have not gotten along well in the last several years. I recently had an affair and ...

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Old Nov 9th, 2010, 11:21 AM   #1
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Default Can my wife still file at fault divorce for adultery?

My wife and I have not gotten along well in the last several years. I recently had an affair and she found out. She has proof with pictures, text messages etc.
We had decided to work things out and continued to cohabit the same home, bed and have continued to have sex together.
We have now started to change our minds about staying together. The affair ended when she found out and there has been no further infidelity on my part.
Can she still file at fault divorce for adultery? Everything I have read indicates she can't because of "condonation" - continuing to be with me after finding out and confronting me.
Do I need some kind of proof in the event she decides to file in this manner???
Either way, would I be more at risk to be ordered to pay spousal support on top of child support? She makes about $20k more than I do.
HELP!!!
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Old Nov 10th, 2010, 10:13 AM   #2
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Default Re: Can my wife still file at fault divorce for adultery?

Her time for filing for divorce on the grounds of adultery is over. Since she made the choice to take you back and continued to have sexual relations with you forfeited her claim that she is divorcing on the grounds of adultery.

Most states don't recognize those grounds anyway. Those types of divorces take too much court time and resources and just drags out an already emotionally draining situation.

You won't pay spousal support if she makes more than you do.

Proof? Do what she did. Set up a camera with the date stamp on and record her having sex with you. That will sufficiently prove to any family court judge that she was more than okay with continuing to remain married and have sex with you after any "proof" she had of you having an affair.
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