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Affair leading to divorce

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bmj75

Junior Member
What is the name of your state? West Virginia

After 8 1/2 years of marriage my husband confessed to having a 9 month affair with a coworker. His reason, I started working evening shift. My question is what am I legally titled to. We did not own a home together. We do have a car that is currently financed in both of our names. We have a little amount of money on a credit card. And we have $1,000 in our savings account. We both have retirement plans at our workplace. Plus what kind of proof do I have to have to state adultery as a reason of the break up. The only thing I have is his word.
 


LdiJ

Senior Member
bmj75 said:
What is the name of your state? West Virginia

After 8 1/2 years of marriage my husband confessed to having a 9 month affair with a coworker. His reason, I started working evening shift. My question is what am I legally titled to. We did not own a home together. We do have a car that is currently financed in both of our names. We have a little amount of money on a credit card. And we have $1,000 in our savings account. We both have retirement plans at our workplace. Plus what kind of proof do I have to have to state adultery as a reason of the break up. The only thing I have is his word.
Unless WV is one of the handful of states that require a reason for a divorce (rather than just no-fault) it may not be necessary or relevant to prove that he is having an affair. You can research your state's laws on your state government website, or consult with a local attorney.

As you obviously don't have much in assets or debts you won't have much to divide. However what you do have will have to be divided. If he makes significantly more money than you do you may be entitled to some short term alimony...but that would be a big maybe.
 

rmet4nzkx

Senior Member
bmj75 said:
What is the name of your state? West Virginia

After 8 1/2 years of marriage my husband confessed to having a 9 month affair with a coworker. His reason, I started working evening shift. My question is what am I legally titled to. We did not own a home together. We do have a car that is currently financed in both of our names. We have a little amount of money on a credit card. And we have $1,000 in our savings account. We both have retirement plans at our workplace. Plus what kind of proof do I have to have to state adultery as a reason of the break up. The only thing I have is his word.
Here is a link to the givorce laws for WV,
http://www.divorcesource.com/info/divorcelaws/westvirginia.shtml
Please read these laws. Unfortunately the former poster feels it necessary to guess rather that look up the applicible law. WV is a state that has both fault and no fault divorce available, also a simplified divorce. While you don't have a lot of assets, WV is an equatible distribution state so what assets you have could come into play at least insofar as your settlement agreement. That means that Adultery could be considered in your settlement agreement even if you don't go for an at fault divorce. You didn't mention children?

If you and your husband can come to an agreement the process could be fairly simple, but since adultery is involved it is wise to consult an attorney before begining the process.
 

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