ifidelity

[bbshaw1]

Massachusetts
I have a question as follows my wife has filed for divorce under irreconsiable differences. I have later learned there is a another man shes seeing . Since she has filed for this and I have not been served yet have I the right to add the charge of this to it and what might it be called in legal terminology.

 

[Zigner]

Massachusetts
I have a question as follows my wife has filed for divorce under irreconsiable differences. I have later learned there is a another man shes seeing . Since she has filed for this and I have not been served yet have I the right to add the charge of this to it and what might it be called in legal terminology.

What do you hope to "accomplish"?

 

[mistoffolees]

Massachusetts
I have a question as follows my wife has filed for divorce under irreconsiable differences. I have later learned there is a another man shes seeing . Since she has filed for this and I have not been served yet have I the right to add the charge of this to it and what might it be called in legal terminology.

It's called adultery - if you can prove that she had sex with this other man (which isn't always easy).

I'll echo what Zigner asked. Why are you so eager to add adultery to your filing? Since you've already filed for irreconcilable differences, adding adultery won't speed things up (it might have helped if you had not yet reached the time period for no-fault filing, but that apparently doesn't apply here). It might be used in determining property division, but that's not always the case, particularly where the adultery occurs after filing for divorce.

So what are you hoping to accomplish?

 

[Ohiogal]

It's called adultery - if you can prove that she had sex with this other man (which isn't always easy).

I'll echo what Zigner asked. Why are you so eager to add adultery to your filing? Since you've already filed for irreconcilable differences, adding adultery won't speed things up (it might have helped if you had not yet reached the time period for no-fault filing, but that apparently doesn't apply here). It might be used in determining property division, but that's not always the case, particularly where the adultery occurs after filing for divorce.

So what are you hoping to accomplish?

He has NOT made a filing yet. He could countersue for divorce on the grounds of adultery. And some places do not have a time period for no-fault divorces. Does Massachusetts have a time period requirement for incompatibility? And SHE filed and committed adultery. HE has not counterfiled.

 

[mistoffolees]

He has NOT made a filing yet. He could countersue for divorce on the grounds of adultery. And some places do not have a time period for no-fault divorces. Does Massachusetts have a time period requirement for incompatibility? And SHE filed and committed adultery. HE has not counterfiled.

He really needs to see an MA attorney, but my understanding is that in MA there is a waiting period before you can even file if you're using no-fault grounds. The waiting period is waived if adultery is the grounds.

So, if she has already filed, the claim of adultery will be irrelevant as far as getting the divorce is concerned (which is my point). It may affect property division (although, again, it may not be significant if she only started after filing for divorce), so he will certainly want to put it into his counterclaims.