Marital Rights

[Celticred54]

What is the name of your state? NY

As soon as I get the money together I am going to see a lawyer. I want to divorce my wife. She has cheated on me time and time again and frankly she repulses me. I have moved out of our bedroom into another room but she still insists that she wants to have sex. That is the last thing that I want. Can she use this against me when I do finally file for the divorce? It's been about 5-6 months since we've been together. Thanks for any help.

 

[hexeliebe]

I have moved out of our bedroom into another room but she still insists that she wants to have sex. That is the last thing that I want

Tell her the same thing I did when I got divorced: "Well honey, I already had sex. Too bad you weren't there".

She can use anything she wants against you, but whether it will stand up in court or not is the question.

Having sex or not with your wife or husband isn't a matter for the court unless you're newly married and have never consumated the marraige.

Go see an attorney for an initial consultation. It won't cost much (if anything) and you'll have a better idea of where you stand.

 

[stealth2]

Start researching NY divorce law. You're going to need a cause for the action as NY is a "fault" state. I assume that you'd use adultery, but be aware that you have to actually prove it which isn't always as easy as it sounds.

I would also start looking for a lawyer so that when you're ready to file you already have someone to call. Many will provide a free consultation, others charge upwards of $200 for it.

 

[Celticred54]

Thanks for advice

Thanks for your advice. I do have emails from a year ago that prove my adultry case but I don't know if that's a grey area. The hard part is that I know have to wait to get together the money I need for a retainer. What makes it more difficult is that she is clueless. She thinks that I'm going to come around and no matter what I do I can't convince her that I've had it. Thanks again

 

[stealth2]

email may not be enough. Generally, you need to actually catch them in the act.